La Reine c. Meunier

La Reine c. Meunier

The Supreme Court dismissed the Crown's appeal and held that the trial judge's temporary order that the accused leave the courtroom during discussion of an objection did not contravene s. 557(1) of the Criminal Code in the circumstances and did not render the trial void; accordingly the order of the lower court for a new trial was upheld by operation of the Court's dismissal of the Crown's appeal adopting the reasons of Justice Casey.

Citation
[1966] RCS 399
Parties
Appellant (crown): Sa Majesté la Reine; Respondent (accused): Adrien Meunier
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 June 1966
Procedural Posture
Criminal Appeal / Supreme Court of Canada — Final Appellate Judgment
Outcome
Appeal dismissed; the Court of Queen's Bench order for a new trial stands.
Legal Topics
Perjury, Right of Accused to Be Present, Trial Procedure, Cross‑examination Objections, Criminal Code Interpretation
Source Language
French
Criminal Law Perjury Right of Accused to Be Present Trial Procedure Cross‑examination Objections Criminal Code Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Sa Majesté la Reine

Appellant (crown)

Adrien Meunier

Respondent (accused)

Procedural Posture

Criminal Appeal / Supreme Court of Canada — Final Appellate Judgment

Legal Issues

  1. 1 Whether the trial judge erred in ordering the accused to leave the courtroom during his cross‑examination
  2. 2 Whether ordering the accused out of the courtroom contravened s. 557(1) of the Criminal Code and rendered the trial void
  3. 3 Whether s. 592(1)(b)(iii) of the Criminal Code applied to permit the procedure followed or to negate the need for a new trial

Ratio Decidendi

The Supreme Court dismissed the Crown's appeal and held that the trial judge's temporary order that the accused leave the courtroom during discussion of an objection did not contravene s. 557(1) of the Criminal Code in the circumstances and did not render the trial void; accordingly the order of the lower court for a new trial was upheld by operation of the Court's dismissal of the Crown's appeal adopting the reasons of Justice Casey.

Court Disposition

Appeal dismissed; the Court of Queen's Bench order for a new trial stands.

Orders

  • Appeal dismissed
  • Order of the Court of Queen's Bench ordering a new trial upheld