Canada Judgment

Supreme Court of Canada

Dupont v. R.

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Source document

01

Holding and result

The Supreme Court agreed with the Alberta Appellate Division that the trial judge misdirected the jury by treating 'wilfully' as necessarily implying evil intent; accordingly the acquittal was properly set aside and a new trial ordered.

Court disposition

Appeal dismissed; order of the Alberta Appellate Division setting aside the acquittal and ordering a new trial upheld.

Orders

  • Appeal dismissed.
  • Acquittal set aside and new trial ordered.

02

Material facts

Parties

Lucien Dupont

Appellant Counsel: L.L. Ross

Her Majesty The Queen

Respondent Counsel: P.S. Chrumka, Q.C.

03

Procedural history

  1. Posture

    Criminal / Appeal to the Supreme Court of Canada; Appeal Dismissed, Appellate Division Order Upheld

04

Questions and positions

Legal issues

Party arguments

Applicant
The trial judge misdirected the jury by construing 'wilfully' to mean evil intent; the acquittal should stand.
Respondent
The Appellate Division correctly found misdirection; the acquittal should be set aside and a new trial ordered because the mens rea element under s.400(b) was not properly instructed.

05

Court’s reasoning

  1. 01

    Criminal Code, R.S.C. 1970, c. C-34, ss. 386(1), 400(b) and common law mens rea principles

    Mens rea must be correctly explained to the jury; a requirement of 'wilfully' cannot be equated solely with 'evil intent' without proper legal basis

  2. 02

    Supreme Court of Canada precedent as applied by the Alberta Appellate Division

    An appellate court may set aside an acquittal and order a new trial where the trial judge materially misdirects the jury on a central element of the offence

06

Ratio, limits and disposition

Ratio decidendi

The Supreme Court agreed with the Alberta Appellate Division that the trial judge misdirected the jury by treating 'wilfully' as necessarily implying evil intent; accordingly the acquittal was properly set aside and a new trial ordered.

Court disposition

Appeal dismissed; order of the Alberta Appellate Division setting aside the acquittal and ordering a new trial upheld.

  • Appeal dismissed.
  • Acquittal set aside and new trial ordered.

Source and reliance status

Supreme Court of Canada · 23 November 1977

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Judgment reading view

Judgment text

The complete available source text.

Source document

Supreme Court of Canada

Judgment· 23 November 1977

[1978] 1 SCR 1017

Dupont v. R. Collection Supreme Court Judgments Date 1977-11-23 Report [1978] 1 SCR 1017 Judges Laskin, Bora; Martland, Ronald; Ritchie, Roland Almon; Spence, Wishart Flett; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; Pratte, Yves On appeal from Alberta Subjects Criminal law Decision Content Supreme Court of Canada Dupont v. R., [1978] 1 S.C.R. 1017 Date: 1977-11-23 Lucien Dupont Appellant; and Her Majesty The Queen Respondent. 1977: November 23. Present: Laskin C.J. and Martland, Ritchie, Spence, Pigeon, Dickson, Beetz, Estey and Pratte JJ. ON APPEAL FROM THE SUPREME COURT OF ALBERTA, APPELLATE DIVISION Criminal law—Charges of wilfully placing poison in such position that it might easily be consumed by cattle—Trial judge concluding “wilfully” involved evil intent—Misdirection—Criminal Code, R.S.C. 1970, c. C-34, ss. 386(1), 400 (b). APPEAL from a judgment of the Supreme Court of Alberta, Appellate Division, setting aside the appellant’s acquittal and ordering a new trial on charges of endangering cattle, contrary to s. 400(b) of the Criminal Code. Appeal dismissed. L.L. Ross, for the appellant. P.S. Chrumka, Q.C., for the respondent. The judgment of the Court was delivered orally by THE CHIEF JUSTICE—We do not need to hear you, Mr. Chrumka. We agree with the Alberta Appellate Division and this appeal is accordingly dismissed. Judgment accordingly. Solicitors for the appellant: M. Harradence & Co., Calgary. Solicitor for the respondent: P.S. Chrumka, Calgary.

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Criminal Code, R.S.C. 1970, c. C-34, ss. 386(1), 400(b)

Legislation

Legislation referenced in the available case record.

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