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R. v. Gagné

[1989] 1 SCR 1584 Court SCC Decision date 1989-06-15 Docket 20442 English

PartiesHer Majesty The Queen Appellant·Sylvie Gagné Respondent

Judges Lamer, Antonio; La Forest, Gérard V.; 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. ‑‑ It will not be necessary to hear from you, Mr. Boileau, as we are ready to render judgment.
In view of the unusual situation the C.T.C.U.M. special constables were in, since the applicable legislation does not give them the authority to make an arrest without a warrant in the circumstances of this case, we all essentially agree with the Court of Appeal, and the appeal is dismissed.
Judgment accordingly.
Solicitors for the appellant: Germain Tremblay and Jean‑Pierre Bessette, Montréal.
Solicitors for the respondent: Bastien, Spagnoli, Denault, Corte, Bourassa, Gobeil & Associates, Montréal.