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R. v. Bédard

2017 SCC 4 [2017] 1 SCR 89 Court SCC Decision date 2017-01-23 Heard 2017-01-19 Docket 37071 English

PartiesLaurier Bédard Appellant·Her Majesty The Queen Respondent

Counsel (2)
Solicitors for the appellants: Fradette & Le Bel, Chicoutimi.
Solicitor for the respondent: Director of Criminal and Penal Prosecutions, Québec.

Judges McLachlin, Beverley; Abella, Rosalie Silberman; Moldaver, Michael J.; Karakatsanis, Andromache; Wagner, Richard; Gascon, Clément; Côté, Suzanne

Delivered by McLachlin C.J. (Abella, Moldaver, Karakatsanis, Wagner, Gascon, and Côté concurring)

On appeal from Quebec

Contents

Reasons for Judgment — McLachlin C.J. (Abella, Moldaver, Karakatsanis, Wagner, Gascon, and Côté concurring)

The Chief Justice — The defence of officially induced error of law is intended to protect a diligent person who first questions a government authority about the interpretation of legislation so as to be sure to comply with it and then is prosecuted by the same government for acting in accordance with the interpretation the authority gave him or her.
We have serious reservations about the very possibility of a government official raising the defence of officially induced error of law in relation to the performance of his or her duties.
This being said, we all agree that the conditions under which this defence is available are not met here: see Lévis (City) v. Tétreault, 2006 SCC 12, [2006] 1 S.C.R. 420. In particular, considered objectively, the third and fourth conditions — that the advice obtained came from an appropriate official and that the advice was reasonable — are not satisfied.
For these reasons, the appeal is dismissed.

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