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Duane v. The Queen

[1985] 2 SCR 612 Court SCC Decision date 1985-12-18 Docket 18719 English

PartiesRita Rae Duane Appellant·Her Majesty The Queen Respondent

Judges Dickson, Robert George Brian; Beetz, Jean; McIntyre, William Rogers; Chouinard, Julien; Lamer, Antonio; Wilson, Bertha; Le Dain, Gerald Eric

Decision 6–1 Majority (6) · Dickson C.J. (1)

On appeal from Alberta

Subjects Criminal law

Contents

Majority

The judgment of the Court was delivered orally by

Dickson C.J.

1. The Chief Justice‑‑We agree with the majority of the Court of Appeal that intention to use the counterfeit money as currency is not an element of the offence and that on the facts of this case the appellant was in possession within the meaning of s. 408 of the Criminal Code . The appeal is dismissed.
Judgment accordingly.
Solicitors for the appellant: MacPherson & Associates, Calgary.
Solicitor for the respondent: Attorney General for Alberta, Edmonton.

Statutes and regulations cited