Canada Judgment

Supreme Court of Canada

R. v. Dufresne

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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 allegations and supporting evidence created serious doubt about the integrity of Crown and police conduct at trial, that the Court of Appeal erred in refusing the appellant the opportunity to complete his evidence on those allegations, and that the Court of Appeal misapplied s.613(1)(b)(iii); accordingly the appeal must be allowed, the conviction set aside and a new trial ordered.

Court disposition

Appeal allowed; judgment of the Court of Appeal set aside; new trial ordered

Orders

  • Appeal allowed
  • Judgment of the Court of Appeal set aside
  • New trial ordered
  • Application for a stay of proceedings and for exemplary damages should be made to the trial judge or a judge of the same court

02

Material facts

Parties

Gilles Dufresne

Appellant Counsel: Guy Bertrand

Her Majesty The Queen

Respondent Counsel: Richard Shadley; Josef Muskatel

Amounts and remedies

  • Case Number: 20,687

03

Procedural history

  1. Posture

    Criminal / Appeal to the Supreme Court of Canada From the Quebec Court of Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellant argued that grave allegations and supporting evidence cast serious doubt on the integrity of the Crown and police conduct at trial, including failure to disclose that a Crown witness had perjured himself after being promised a pardon and that a police officer recorded excluded witness testimony and provided tapes to that witness; the Court of Appeal erred in denying the appellant the chance to complete his evidence and misapplied s.613(1)(b)(iii); a new trial is required.
Respondent
Respondent maintained the Court of Appeal properly dismissed the appeal and that there was no sufficient basis to order a new trial; that the Criminal Code provision s.613(1)(b)(iii) was correctly applied by the courts below.

05

Court’s reasoning

  1. 01

    Common law duty of disclosure / trial fairness principles

    The Crown and police have a duty to disclose misconduct and not to conceal perjury or promises made to witnesses; failure to do so can vitiate the integrity of a trial

  2. 02

    Supreme Court of Canada jurisprudence (this judgment)

    Where allegations and evidence, though not conclusive, cast serious doubt on the integrity of the conduct of the prosecution or police, a new trial may be ordered to preserve the integrity of the judicial process

  3. 03

    Criminal Code, R.S.C. 1970, c. C‑34, s. 613(1)(b)(iii)

    Section 613(1)(b)(iii) of the Criminal Code governs appellate review in specified circumstances and must be applied correctly by appellate courts

06

Ratio, limits and disposition

Ratio decidendi

The Court held that the allegations and supporting evidence created serious doubt about the integrity of Crown and police conduct at trial, that the Court of Appeal erred in refusing the appellant the opportunity to complete his evidence on those allegations, and that the Court of Appeal misapplied s.613(1)(b)(iii); accordingly the appeal must be allowed, the conviction set aside and a new trial ordered.

Obiter and limits

  • Although the evidence of misconduct was not conclusive, it was sufficient to cast serious doubt on the integrity of the proceedings
  • Applications for a stay of proceedings and for exemplary damages should be made to the trial judge or a judge of the same court so the necessary evidence can be adduced

Court disposition

Appeal allowed; judgment of the Court of Appeal set aside; new trial ordered

  • Appeal allowed
  • Judgment of the Court of Appeal set aside
  • New trial ordered
  • Application for a stay of proceedings and for exemplary damages should be made to the trial judge or a judge of the same court

Source and reliance status

Supreme Court of Canada · 21 June 1988

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Judgment text

The complete available source text.

Source document

Supreme Court of Canada

Judgment· 21 June 1988

[1988] 1 SCR 1095

R. v. Dufresne Collection Supreme Court Judgments Date 1988-06-21 Report [1988] 1 SCR 1095 Case number 20687 Judges Beetz, Jean; Lamer, Antonio; Wilson, Bertha; Le Dain, Gerald Eric; La Forest, Gérard V. On appeal from Quebec Subjects Criminal law Notes SCC Case Information: 20687 Decision Content r. v. dufresne, [1988] 1 S.C.R. 1095 Gilles Dufresne Appellant v. Her Majesty The Queen Respondent indexed as: r. v. dufresne File No.: 20687. 1988: June 21. Present: Beetz, Lamer, Wilson, Le Dain and La Forest JJ. on appeal from the court of appeal for quebec Criminal law ‑‑ Trial ‑‑ Accused convicted of first degree murder ‑‑ Serious doubt as to the integrity of the conduct of the Crown and the police at trial ‑‑ New trial ordered. Statutes and Regulations Cited Criminal Code, R.S.C. 1970, c. C‑34, s. 613(1)(b)(iii). APPEAL from a judgment of the Quebec Court of Appeal, [1988] R.J.Q. 38, 11 Q.A.C. 20, dismissing the accused's appeal from his conviction on a charge of first degree murder. Appeal allowed. Guy Bertrand, for the appellant. Richard Shadley and Josef Muskatel, for the respondent. English version of the judgment of the Court delivered orally by 1. Beetz J.‑‑I invite our brother, Justice Lamer, to deliver the judgment of the Court.

2. Lamer J.‑‑There are, in the case at bar, grave allegations and evidence to support them which, although not conclusive, nonetheless cast serious doubt on the integrity of the conduct of the Crown and the police in this matter. The allegations include an allegation that one or more police officers and/or the Crown did not reveal to the court the fact that a Crown witness had perjured himself and misled the court by denying the existence of promises of a pardon which they had indeed made to him; and an allegation that, notwithstanding an order excluding the witnesses, a police officer recorded the testimony and gave the cassettes to this witness‑accomplice from day to day. The Court of Appeal should not, with respect, in view of these special circumstances, have refused to allow appellant to complete his evidence in support thereof. The Court of Appeal also erred afterward in applying s. 613(1) (b)(iii) of the Criminal Code .

3. For these reasons, the appeal is allowed, the judgment of the Court of Appeal is set aside and a new trial is ordered. With respect to the application for a stay of proceedings and exemplary damages, it would be preferable for it to be made to the trial judge or a judge of the same court, where the necessary evidence in support of these applications can be adduced. Judgment accordingly. Solicitors for the appellant: Tremblay, Bertrand, Bois, Mignault, Duperrey & Lemay, Ste‑Foy. Solicitors for the respondent: Shadley, Melançon, Boro & Muskatel, Montréal.

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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, s. 613(1)(b)(iii)

Legislation

Legislation referenced in the available case record.

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