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R. v. Bédard

2003 SCC 56 [2003] 2 SCR 621 Court SCC Decision date 2003-10-07 Docket 29201 English

PartiesHer Majesty The Queen Appellant·Étienne Bédard Respondent·Attorney General of Ontario Intervener

Judges Iacobucci, Frank; Major, John C.; Binnie, William Ian Corneil; Arbour, Louise; LeBel, Louis; Deschamps, Marie; Fish, Morris J.

Delivered by LeBel J.

On appeal from Quebec

Subjects Criminal law

Contents

LeBel J.

LeBel J. — Having examined the appeal record and the arguments made by the parties, the Court is unanimously of the view that the appeal should be dismissed. However, it is not necessary to deal with all the questions of law raised in this appeal. Nonetheless, with respect to the question of the need for expert evidence concerning the change in behaviour of the child the prosecution alleges was assaulted by the respondent, it appears that the Quebec Court of Appeal never intended to impose a rule of law requiring such evidence in all circumstances. It is sufficient to note that the nature of the evidence presented in the Court of Québec justifies the conclusion that can be drawn from the Quebec Court of Appeal’s decision that the verdict of guilty handed down by the trial judge was unreasonable. Although admissible, the evidence presented in support of the prosecution could not support a finding that the accused was guilty, on the standard of proof beyond a reasonable doubt.