← Cases

R. v. Blanchard

2019 SCC 9 [2019] 1 SCR 486 Court SCC Decision date 2019-02-13 Heard 2019-02-13 Docket 38258 English

PartiesHer Majesty The Queen Respondent

Counsel (2)
Solicitors for the appellant: Battista Turcot Israel Corbo, Montréal.
Solicitor for the respondent: Director of Criminal and Penal Prosecutions, Longueuil.

Judges Wagner, Richard; Abella, Rosalie Silberman; Moldaver, Michael J.; Karakatsanis, Andromache; Gascon, Clément; Côté, Suzanne; Brown, Russell; Rowe, Malcolm; Martin, Sheilah

Delivered by Brown J. (Wagner C.J. and Abella, Moldaver, Karakatsanis, Gascon, Côté, Brown Rowe and Martin JJ. concurring)

On appeal from Quebec

Contents

Reasons for Judgment — Brown J. (Wagner C.J. and Abella, Moldaver, Karakatsanis, Gascon, Côté, Brown Rowe and Martin JJ. concurring)

Brown J. — We would allow the appeal. At trial and during oral argument at the Court of Appeal, the Crown conceded the availability of the defence of extreme intoxication akin to automatism, to a charge of failing to provide a breath sample. In light of this, and in our respectful view, the majority at the Court of Appeal erred in raising and deciding the availability of that defence. Having regard to the Crown’s concession, we are not persuaded that the trial judge erred in law in his understanding or application of the defence of automatism. In these unusual circumstances, it would not be in the interests of justice to overturn this acquittal, and we therefore restore it. In doing so, however, we expressly refrain from deciding the availability of this defence in the absence of an adequate record on the constitutional issues, full submissions and notice to the proper parties.