Québec (Procureur général) c. Transport G. Courchesne Inc., (1992) 136 N.R. 1 (SCC)
| Judge | Dubé, Sopinka, Gonthier, Stevenson and Iacobucci, JJ. |
| Court | Supreme Court (Canada) |
| Case Date | February 28, 1992 |
| Jurisdiction | Canada (Federal) |
| Citations | (1992), 136 N.R. 1 (SCC);[1992] 1 SCR 621;136 NR 1;1992 CanLII 83 (SCC) |
Québec c. Transport G. Courchesne Inc. (1992), 136 N.R. 1 (SCC)
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[French language version follows English language version]
[La version française vient à la suite de la version anglaise]
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Procureur général du Québec (appellant) v. Transport G. Courchesne Inc. (respondent)
(22242)
Indexed As: Québec (Procureur général) c. Transport G. Courchesne Inc.
Supreme Court of Canada
Lamer, C.J.C., La Forest, L'Heureux-
Dubé, Sopinka, Gonthier, Stevenson
and Iacobucci, JJ.
February 28, 1992.
Summary:
Transport G. Courchesne Inc. was charged with an excessive weight offence under Quebec's Highway Safety Code. The Provincial Court, in an unreported judgment, dismissed the complaint after a motion of non-suit. The Procureur général du Québec appealed by way of stated case. The Quebec Superior Court, in an unreported judgment, dismissed the appeal. The Procureur général appealed again.
The Quebec Court of Appeal, in a judgment reported immediately after the present judgment (see paragraphs 4 to 19) dismissed the appeal. The Procureur général appealed another time.
The Supreme Court of Canada allowed the appeal.
Motor Vehicles - Topic 3210
Regulation - Vehicles, excess weight - Evidence - Transport G. Courchesne Inc. was charged with an excessive weight offence under Quebec's Highway Safety Code - At issue was whether the scale used to weigh Courchesne's vehicle was an approved one - The only evidence showing that the scale had been approved was the weighing report - The charge was dismissed - The Quebec Court of Appeal, LeBel, J.A., dissenting, held that the sole evidence of the weighing report was insufficient to establish, according to the relevant legislative requirements, that the scale was an approved scale - The Supreme Court of Canada, for the reasons given by LeBel, J.A., reversed this finding - See paragraphs 1 to 3, 16 to 19.
Véhicules à moteur - Cote 3210
Réglementation - Véhicules, poids excessif - Preuve - [Voir Motor Vehicles - Topic 3210 ].
Statutes Noticed:
Highway Safety Code/Code de la sécurité routière, L.R.Q. 1977, c. C-24.1, sect. 414.
Highway Safety Code, Order in Council of March 10, 1987/Code de la sécurité routière, Arrêté en Conseil du 10 mars 1987, (1987) 119 G.O.Q. II 2061, generally .
Counsel:
Claude Larochelle and Jacques Gauvin, for the appellant;
Gilles Lafrenière, for the respondent.
This appeal was heard on February 28, 1992, by Lamer, C.J.C., La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Stevenson and Iacobucci, JJ., of the Supreme Court of Canada.
The decision of the court was delivered orally, in both official languages, by Lamer, C.J.C.
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