R. v. Jean B.

[1980] 1 SCR 80 Court SCC Decision date 1977-12-06 English

PartiesHer Majesty The Queen Appellant·Jean B. Respondent

Counsel (4)

Michel Ayotte, for the appellant.
Hubert Couture and Gilles Ouellet, for the respondent.
Solicitor for the appellant: Michel Ayotte, Sherbrooke, Quebec.
Solicitors for the respondent: Gilles Ouellet, Thetford Mines, Quebec and Hubert Couture, StJoseph de Beauce, Quebec.

Judges Martland, Ronald; Ritchie, Roland Almon; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; Chouinard, Julien

Decision 6–1 Majority (6) · MARTLAND J. (1)

On appeal from Quebec

Subjects Appeal

Majority

English version of the judgment of the Court delivered orally by

MARTLAND J.

MARTLAND J.—We will not need to hear you in reply, Mr. Ayotte.

The Court of Appeal set aside the judgment of the Superior Court for the sole reason that the application for leave to appeal made pursuant to s. 37 of the Juvenile Delinquents Act had not been “presented” to the judge within the time limit of ten days therein specified but had only been filed

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with the Clerk of the Court and served upon the respondent within said time limit.

This interpretation in our opinion does not conform with the text when considered in the two official languages and we are in agreement with the reasons and the conclusion of the judge of the Superior Court on this point.

The judgment of the Court of Appeal of the Province of Quebec is set aside and the case is referred back to the Court of Appeal for its decision on the merits of the appeal which has been brought before it.

Appeal allowed.

Solicitor for the appellant: Michel Ayotte, Sherbrooke, Quebec.

Solicitors for the respondent: Gilles Ouellet, Thetford Mines, Quebec and Hubert Couture, StJoseph de Beauce, Quebec.

Footnotes

[1] C.A.M. 500-10-000134-781, January 22, 1979.
[2] [1978] C.S. 456.

Statutes and regulations cited

Unresolved citations
- s. 37 of the Juvenile Delinquents Act