R. v. Comeau
- Citation
- [1992] 3 SCR 473
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of Canada
- Decision
- 13 November 1992
- Posture
- Criminal Appeal / On Appeal to the Supreme Court of Canada
- Language
- English
More details
- Court
- Supreme Court of Canada
- Decision
- 13 November 1992
- Posture
- Criminal Appeal / On Appeal to the Supreme Court of Canada
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Although the trial judge's charge regarding evidence of conspiracy was erroneous, the error was harmless because the essential evidence was direct testimony by co‑conspirator Bernard Ferro, the jury had been properly cautioned about the weaknesses of that testimony, and the verdict would necessarily have been the same; therefore the appeal was dismissed.
Court disposition
Appeal dismissed
Orders
- Appeal dismissed
- Judgment accordingly
02
Material facts
Parties
André Ronald Comeau
Appellant Counsel: Bruno J. Pateras, Q.C.; Sylvia PaterasHer Majesty The Queen
Respondent Counsel: Pierre SauvéAmounts and remedies
- Case Number: 22,780
03
Procedural history
Posture
Criminal Appeal / On Appeal to the Supreme Court of Canada
04
Questions and positions
Legal issues
- 01
Whether the trial judge's charge to the jury regarding evidence of conspiracy was erroneous
- 02
Whether any error in the jury charge caused prejudice to the accused
- 03
Whether the conviction was supported by direct evidence beyond a reasonable doubt
Party arguments
- Applicant
- The appellant asserted that the trial judge's instructions on the evidence of conspiracy were erroneous and that the error prejudiced the defence, warranting reversal of the conviction.
- Respondent
- The Crown contended that although the charge was erroneous the error was harmless because the essential evidence was direct testimony from co‑conspirator Bernard Ferro, the jury had been warned about weaknesses in that testimony and any verdict would necessarily have been the same.
05
Court’s reasoning
Legal principles
- 01
Supreme Court of Canada (common law principle)
An erroneous jury charge does not require reversal if the error was harmless and did not prejudice the accused.
- 02
Supreme Court of Canada (evidentiary principle)
Evidence of conspiracy may be established by direct testimony of a co‑conspirator; such testimony requires careful jury instructions about its dangers and weaknesses.
- 03
Common law / Supreme Court of Canada
The prosecution must prove guilt beyond a reasonable doubt; if the jury could only convict on direct evidence meeting that standard the verdict will stand.
06
Ratio, limits and disposition
Ratio decidendi
Although the trial judge's charge regarding evidence of conspiracy was erroneous, the error was harmless because the essential evidence was direct testimony by co‑conspirator Bernard Ferro, the jury had been properly cautioned about the weaknesses of that testimony, and the verdict would necessarily have been the same; therefore the appeal was dismissed.
Obiter and limits
- The Court was substantially in agreement with the majority of the Quebec Court of Appeal.
- The trial judge adequately instructed the jury about the weaknesses and dangers inherent in the co‑conspirator's testimony.
Court disposition
Appeal dismissed
- Appeal dismissed
- Judgment accordingly
Source and reliance status
Supreme Court of Canada · 13 November 1992
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Judgment reading view
Judgment text
The complete available source text.
Supreme Court of Canada
Judgment· 13 November 1992
R. v. Comeau Collection Supreme Court Judgments Date 1992-11-13 Report [1992] 3 SCR 473 Case number 22780 Judges L'Heureux-Dubé, Claire; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank On appeal from Quebec Subjects Criminal law Notes SCC Case Information: 22780 Decision Content R. v. Comeau, [1992] 3 S.C.R. 473 André Ronald Comeau Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Comeau File No.: 22780. 1992: November 13. Present: L'Heureux‑Dubé, Gonthier, Cory, McLachlin and Iacobucci JJ. Criminal law ‑‑ Conspiracy ‑‑ Charge to jury ‑‑ Error in charge regarding evidence of conspiracy ‑‑ No prejudice to accused. APPEAL from a judgment of the Quebec Court of Appeal, [1992] R.J.Q. 339, 44 Q.A.C. 93, dismissing the accused's appeal from his conviction. Appeal dismissed. Bruno J. Pateras, Q.C., and Sylvia Pateras, for the appellant. Pierre Sauvé, for the respondent. //L'Heureux-Dubé J.// English version of the judgment of the Court rendered orally by L'Heureux‑Dubé J. ‑‑ We are ready to hand down judgment forthwith. Mr. Justice Cory will pronounce the judgment. Cory J. ‑‑ We are substantially in agreement with the majority of the Court of Appeal. The most difficult issue is the first one raised by the appellant, namely the one concerning the validity of the trial judge's charge to the jury regarding the evidence of
conspiracy. We all agree that this charge was erroneous. This error did not cause any prejudice to the appellant, however. The essential evidence of the conspiracy was direct, and not hearsay, and it was given by the co-conspirator Bernard Ferro. The trial judge adequately instructed the jury as to the weaknesses and dangers inherent in his testimony. The jury could have convicted the appellant only if it was satisfied beyond a reasonable doubt with the evidence given by Ferro. In these circumstances the verdict would necessarily have been the same, even if the trial judge had not erred in his charge to the jury. This appeal, which comes to us as of right, should be dismissed. Judgment accordingly. Solicitors for the appellant: Pateras & Iezzoni, Montréal. Solicitor for the respondent: Pierre Sauvé, Montréal.
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