Canada Judgment

Supreme Court of Canada

Lavoie et al. v. R.

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The Court held that the rule in Hodge's Case does not apply to criminal directed verdicts and that a directed verdict is only justified where there is no evidence upon which a jury properly could convict; applying that standard the Court found no error in the Court of Appeal's decision to set aside the trial judge's directed verdict and dismissed the appeal.

Court disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Judgment of the Court of Appeal restored, setting aside the Superior Court's directed verdict of acquittal

02

Material facts

Parties

Jean-Paul Lavoie

Appellant Counsel: André Cartier; Bernard Lapointe

Marcel Girard

Appellant Counsel: André Cartier; Bernard Lapointe

Robert Linteau

Appellant Counsel: André Cartier; Bernard Lapointe

Michel Laferrière

Appellant Counsel: André Cartier; Bernard Lapointe

Her Majesty The Queen

Respondent Counsel: Claude Gagnon

03

Procedural history

  1. Posture

    Criminal Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for Quebec; Review of Court of Appeal Judgment Setting Aside Trial Judge's Directed Verdict

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellants submitted that the trial judge properly granted a directed verdict because the Crown's evidence was insufficient to support a conviction and the rule in Hodge's Case authorized acquittal in such circumstances.
Respondent
The Crown submitted that Hodge's Case is not applicable to criminal directed verdicts; a directed verdict is permissible only where there is no evidence upon which a jury properly could convict (per R. v. Paul), and on the record there was sufficient evidence to preclude a directed verdict, so the Court of Appeal was correct to set it aside.

05

Court’s reasoning

  1. 01

    R. v. Paul, (1975), 64 D.L.R. (3d) 491, [1977] 1 S.C.R. 181

    A directed verdict in a criminal case is justified only where there is no evidence upon which a jury properly could convict

  2. 02

    Hodge's Case (1838), 2 Lewin 227, 168 E.R. 1136; considered in R. v. Paul

    The rule in Hodge's Case (1838) does not apply to criminal directed verdicts as a basis for acquittal

06

Ratio, limits and disposition

Ratio decidendi

The Court held that the rule in Hodge's Case does not apply to criminal directed verdicts and that a directed verdict is only justified where there is no evidence upon which a jury properly could convict; applying that standard the Court found no error in the Court of Appeal's decision to set aside the trial judge's directed verdict and dismissed the appeal.

Obiter and limits

  • The Court noted it was unnecessary to hear oral argument from Crown counsel because the legal position was clear and the Court was unanimous

Court disposition

Appeal dismissed

  • Appeal dismissed
  • Judgment of the Court of Appeal restored, setting aside the Superior Court's directed verdict of acquittal

Source and reliance status

Supreme Court of Canada · 1 February 1977

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Judgment text

The complete available source text.

Source document

Supreme Court of Canada

Judgment· 1 February 1977

[1977] 1 SCR 193

Lavoie et al. v. R. Collection Supreme Court Judgments Date 1977-02-01 Report [1977] 1 SCR 193 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 On appeal from Quebec Subjects Criminal law Decision Content Supreme Court of Canada Lavoie et al. v. R., [1977] 1 S.C.R. 193 Date: 1977-02-01 Jean-Paul Lavoie, Marcel Girard, Robert Linteau and Michel Laferrière Appellants; and Her Majesty The Queen Respondent. 1977: February 1. Present: Laskin C.J. and Martland, Judson, Ritchie, Spence, Pigeon, Dickson, Beetz and de Grandpré JJ. ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC. Criminal law—Non-capital murder—Directed verdict only justified in absence of evidence—Rule in Hodge’s Case not applicable—Criminal Code, R.S.C. 1970, c. C-34, ss. 212, 213, 214, 218. R. v. Paul (1975), 64 D.L.R. (3d) 491, [1977] 1 S.C.R. 181 followed; Hodge’s Case (1838), 2 Lewin 227, 168 E.R. 1136 referred to. APPEAL from a judgment of the Court of Appeal for Quebec[1], setting aside a jugment of the Superior Court of criminal jurisdiction, granting a motion for a directed verdict. Appeal dismissed. André Cartier and Bernard Lapointe, for the appellants. Claude Gagnon, for the respondent. The judgment was delivered orally for the Court by THE CHIEF JUSTICE—It will

not be necessary to hear you, Mr. Gagnon. We are all of the opinion that there was no error in the judgment of the Court of Appeal. On the motion by the accused for a directed verdict, the rule in Hodge’s Case[2] does not apply, as this Court held in R. v. Paul[3]. The appeal is dismissed. Appeal dismissed. Solicitors for the appellants: Lapointe & Roy and J.M. Lavoie, Chicoutimi, and A. Cartier, Quebec. Solicitor for the respondent: Claude Gagnon, Chicoutimi. [1] [1975] C.A. 549. [2] (1838), 2 Lewin 227, 168 E.R. 1 136. [3] (1975), 64 D.L.R. (3d) 491, [1977] 1 S.C.R. 181.

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Authorities

Authorities used by the court

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

R. v. Paul (1975), 64 D.L.R. (3d) 491, [1977] 1 S.C.R. 181

Case cited

Hodge's Case (1838), 2 Lewin 227, 168 E.R. 1136

Case cited

Lavoie et al. v. R., [1977] 1 S.C.R. 193

Case cited

Criminal Code, R.S.C. 1970, c. C-34, ss. 212, 213, 214, 218

Legislation

Legislation referenced in the available case record.

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