Remillard v. The King

Remillard v. The King

Majority held that under s.69 an aider and abettor may be convicted of murder even if the actual perpetrator was convicted only of manslaughter in a separate trial because the prior verdict is not conclusive in the aider's separate trial; further, the trial judge adequately instructed the jury on manslaughter through explanation of provocation, self-defence and dwelling defences (including s.261 and related principles), so no substantial miscarriage resulted and the conviction must stand (appeal dismissed).

Citation
(1921) 62 SCR 21
Parties
Appellant/accused: Joseph Remillard; Respondent/crown: His Majesty The King
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 March 1921
Procedural Posture
Criminal Appeal (murder/manslaughter) / Appeal to the Supreme Court of Canada From Court of King's Bench, Quebec (appeal Side)
Outcome
Appeal dismissed; conviction for murder and sentence affirmed by majority (dissent would order new trial)
Legal Topics
Murder, Manslaughter, Aiding and Abetting, Jury Instructions, Provocation, Self Defence, Res Judicata
Source Language
English
Criminal Law Murder Manslaughter Aiding and Abetting Jury Instructions Provocation Self Defence Res Judicata

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 7 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Joseph Remillard

Appellant/accused

His Majesty The King

Respondent/crown

Procedural Posture

Criminal Appeal (murder/manslaughter) / Appeal to the Supreme Court of Canada From Court of King's Bench, Quebec (appeal Side)

Legal Issues

  1. 1 Whether an aider and abettor can be convicted of murder when the principal was convicted only of manslaughter
  2. 2 Whether the trial judge's charge sufficiently explained the legal distinction between murder and manslaughter and the availability of manslaughter verdicts
  3. 3 Whether failure to read s.262 of the Criminal Code or other omissions in charge amounted to a substantial miscarriage of justice requiring a new trial

Ratio Decidendi

Majority held that under s.69 an aider and abettor may be convicted of murder even if the actual perpetrator was convicted only of manslaughter in a separate trial because the prior verdict is not conclusive in the aider's separate trial; further, the trial judge adequately instructed the jury on manslaughter through explanation of provocation, self-defence and dwelling defences (including s.261 and related principles), so no substantial miscarriage resulted and the conviction must stand (appeal dismissed).

Court Disposition

Appeal dismissed; conviction for murder and sentence affirmed by majority (dissent would order new trial)

Orders

  • Appeal dismissed
  • Conviction and sentence affirmed