R. v. Gauvin, (1984) 2 O.A.C. 309 (CA)

• Judge: Dubin, Cory and Tarnopolsky, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: March 23, 1984
• Jurisdiction: Ontario
• Citations: (1984), 2 O.A.C. 309 (CA)

R. v. Gauvin (1984), 2 O.A.C. 309 (CA)

MLB headnote and full text

R. v. Gauvin

Indexed As: R. v. Gauvin

Ontario Court of Appeal

Dubin, Cory and Tarnopolsky, JJ.A.

March 23, 1984.

Summary:

The accused was charged and convicted of loitering contrary to s. 171(1) of the Criminal Code of Canada. The accused appealed.

The Ontario Court of Appeal allowed the appeal and directed a verdict of acquittal.

Criminal Law - Topic 748

Loitering - The Ontario Court of Appeal referred to the elements of the charge of loitering under s. 171(1)(c) of the Criminal Code of Canada - See paragraph 15.

Criminal Law - Topic 748

Disorderly conduct - Loitering - Gauvin was a candidate for mayor of Ottawa - The C.B.C. produced a television debate and attempted to exclude Gauvin from a portion of the debate - Gauvin sat in and refused to leave that portion of the debate to which he was not invited - The Ontario Court of Appeal acquitted Gauvin on a charge of loitering because his conduct was purposeful - See paragraphs 15 and 16.

Words and Phrases

Loiters - The Ontario Court of Appeal discussed the meaning of the word "loiters" as found in s. 171 of the Criminal Code of Canada, R.S.C. 1970, c. C-34.

Cases Noticed:

R. v. Munroe, 5 C.C.C.(3d) 217, refd to. [para. 12].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 171(1)(c) [para. 7].

Counsel:

Marc Gauvin, in person;

Jeff Casey, for the respondent, Crown.

This appeal was heard by Dubin, Cory and Tarnopolsky, JJ.A., of the Ontario Court of Appeal on February 6, 1984.

The decision of the Ontario Court of Appeal was delivered by Dubin, J.A., and was released on March 23, 1984.