Mar 26, 2014

CRIMINAL LAW: CROWN/POLICE MISCONDUCT

R. c. Babos, 2012 QCCA 471 (CanLII)
The Applicant was driving a vehicle and was stopped by police officers Guy Brière and Marc Sénéchal when he left Kanesatake. The police officers had information concerning the possession of firearms, which, in their opinion, justified their intervention. After asking for his driver's licence and the relevant documents, the police officers searched the trunk of the vehicle, where they found a prohibited semi-automatic firearm in a case. They then arrested the Applicant. Sergio Piccirilli, was arrested and held in custody until the trial judgment. The trial judge ordered a final stay of proceedings in both cases on the following grounds: repeated threats made against Mr. Piccirilli by the initial Crown counsel of record, the conduct and testimony of police officers, particularly Guy Brière, who had changed his version of the facts between the preliminary inquiry and the trial, and the fact that counsel who had succeeded the initial Crown counsel of record had obtained Mr. Piccirilli's medical record. C.A.: appeal allowed; trial judgment set aside; new trial ordered.
Antal Babos, et al. v. Her Majesty the Queen, et al. (Que. C.A., March 14, 2012) (34824)