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R. v. Fulop

[1990] 3 SCR 695 Court SCC Decision date 1990-12-10 Docket 21372 English

PartiesMiklos Fulop Appellant·Her Majesty The Queen Respondent

Judges Lamer, Antonio; Sopinka, John; Gonthier, Charles Doherty; McLachlin, Beverley; Stevenson, William

Decision 3–1–1 Majority (3) · LAMER C.J. (1) · SOPINKA J. (1)

On appeal from Ontario

Subjects Criminal law

Contents

Majority

The judgment of the Court was delivered orally by

LAMER C.J.

LAMER C.J. -- Thank you Mr. Ironside. It will not be necessary to hear from you Mr. Finley. The Court is prepared to hand down judgment now. Our colleague, Justice Sopinka, will pronounce judgment for the Court.

SOPINKA J.

SOPINKA J. -- We are all in agreement with the unanimous reasons of the Court of Appeal with respect to their interpretation of s. 327(1) of the Criminal Code , R.S.C., 1985, c. C‑46 (formerly s. 287.1(1)). In view of this interpretation, we also agree that the Court of Appeal was right to set aside the acquittals and substitute convictions on the two counts charged. The appeal to this Court therefore fails and is accordingly dismissed.
Judgment accordingly.
Solicitors for the appellant: Shaw, McLellan & Ironside, Collingwood.
Solicitor for the respondent: The Attorney General for Ontario, Toronto.

Statutes and regulations cited