Thériault v. The Queen

[1977] 2 SCR 520 Court SCC Decision date 1977-05-18 English

PartiesJérôme Thériault and Hermel Plourde Appellants·Her Majesty The Queen Respondent

Counsel (4)

Jean-Claude Angers and Gilles C. Thibodeau, for the appellants.
A.R. Picard, for the respondent.
Solicitors for the appellants: Rice & Angers, Edmunston.
Solicitor for the respondent: André Picard, Edmundston.

Judges Laskin, Bora; Martland, Ronald; Judson, Wilfred; Ritchie, Roland Almon; Spence, Wishart Flett; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; de Grandpré, Louis-Philippe

Delivered by Majority

On appeal from New Brunswick

Subjects Criminal law

Contents

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We are all of the opinion that there must be a new trial in this case. We are concerned about the clarity of the indictment, but that is a matter for Crown counsel to consider. The appeal is accordingly allowed, the judgments below are set aside, and a new trial directed.

Appeal allowed, new trial ordered.

Solicitors for the appellants: Rice & Angers, Edmunston.

Solicitor for the respondent: André Picard, Edmundston.