AI-generated from this judgment's text. It can contain errors and is not the official version.
No AI brief yet. Click to generate.
Gonthier J.
The appellant is appealing a stay of proceedings order rendered by the Court of Appeal proprio motu without an application having been made to it, in particular by the appellant, the appellant being thus deprived of the possibility of obtaining an acquittal, if not from the Court of Appeal, at least by a jury of his peers.
In the circumstances, being of the view that the evidence could not allow a reasonable jury properly instructed to find the appellant guilty beyond a reasonable doubt, we are all of the view that the appropriate remedy is an acquittal.
Accordingly, the appeal is allowed, the stay of proceedings order is set aside and the acquittal of the appellant is entered. Judgment accordingly. Solicitors for the appellant: Langlois Robert, Montréal. Solicitor for the respondent: The Attorney General of Quebec, Montréal.