Rousseau v. The Queen

Rousseau v. The Queen

The acquittal was restored because the trial judge’s doubts about conspiracy and attempt had an evidential basis and therefore did not constitute errors of law under s.605(1)(a); additionally, a request for money without threats does not constitute extortion under s.305(1), so the Crown’s appeals fail.

Citation
[1985] 2 SCR 38
Parties
Appellant; Respondent in Cross‑appeal: Paul A. Rousseau; Respondent; Appellant in Cross‑appeal: Her Majesty The Queen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
31 July 1985
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court of Canada From the Quebec Court of Appeal
Outcome
Appeal by Rousseau allowed; appeal by the Crown dismissed; acquittal by trial judge restored and Court of Appeal judgment quashed
Legal Topics
Conspiracy, Obstruction of Justice, Extortion, Appeal From Acquittal, Standard of Review Under S.605(1)(a)
Source Language
English
Criminal Law Conspiracy Obstruction of Justice Extortion Appeal From Acquittal Standard of Review Under S.605(1)(a)

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Parties

Paul A. Rousseau

Appellant; Respondent in Cross‑appeal

Her Majesty The Queen

Respondent; Appellant in Cross‑appeal

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court of Canada From the Quebec Court of Appeal

Legal Issues

  1. 1 Whether the trial judge's reasonable doubt constituted an error of law permitting Crown appeal under s.605(1)(a)
  2. 2 Whether the evidence established a conspiracy between the accused and the police officer beyond reasonable doubt
  3. 3 Whether the accused committed attempted obstruction of justice

Ratio Decidendi

The acquittal was restored because the trial judge’s doubts about conspiracy and attempt had an evidential basis and therefore did not constitute errors of law under s.605(1)(a); additionally, a request for money without threats does not constitute extortion under s.305(1), so the Crown’s appeals fail.

Court Disposition

Appeal by Rousseau allowed; appeal by the Crown dismissed; acquittal by trial judge restored and Court of Appeal judgment quashed

Orders

  • Acquittal of Paul A. Rousseau restored on all counts
  • Judgment of the Quebec Court of Appeal quashed in part