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R. v. Leduc

[1989] 1 SCR 1586 Court SCC Decision date 1989-06-16 Docket 20359 English

PartiesDaniel Leduc Appellant·Her Majesty the Queen Respondent

Judges Lamer, Antonio; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret

Decision 4–1 Majority (4) · Lamer J. (1)

On appeal from Quebec

Subjects Criminal law

Contents

Majority

English version of the judgment of the Court delivered orally by

Lamer J.

Lamer J. ‑‑ We are all of the view that this appeal should be allowed. Recent decisions of this Court show clearly that the rights of the accused under s. 10(b) of the Canadian Charter of Rights and Freedoms have been infringed. They also show clearly that the evidence should be excluded pursuant to s. 24(2) of the Charter .
The appeal is allowed, the convictions are set aside and the acquittals of the trial judge are restored.
Judgment accordingly.
Solicitors for the appellant: Jöelle St‑Germain, Shawinigan; Francine Larouche, Rouyn‑Noranda.
Solicitor for the respondent: Denis Racicot, Rouyn‑Noranda.

Statutes and regulations cited