Court of Appeal of Quebec

Tremblay c. R.

January 23, 2019

500-10-006747-180

Thibault, Schrager, Hogue

Application for leave to appeal from sentence. Allowed. Appeal from sentence. Dismissed.

The appellant, who was convicted of criminal harassment of his former spouse, appeals from a judgment of the Court of Quebec that issued an order prohibiting him from possessing a weapon for 10 years, after it had granted him an absolute discharge.

An order prohibiting the possession of weapons under s. 109 of the Criminal Code (R.S.C. 1985, c. C-46) (Cr. C.) must be rendered even when the convicted accused is granted an absolute discharge.

Neither the wording of s. 109 Cr. C. nor its purpose justifies a finding that the Court’s obligation to render such an order should be set aside when the convicted accused is also granted an absolute discharge.

The wording of both the English and French versions of s. 109 Cr. C. does not distinguish between a conditional discharge and an absolute discharge, and it does not suggest that the obligation to make an order prohibiting the possession of a weapon exists only when a convicted accused is granted a conditional discharge. Moreover, by referring to s. 730 Cr. C., which allows courts to grant either conditional or absolute discharges, Parliament expressed its intention that such an order be rendered in either of these cases.

This textual interpretation cannot be rejected, considering the context and Parliament’s legislative objective. The mandatory order of prohibition provided for in s. 109 Cr. C. is related to the objective of the protection of the public and of police officers, and it is necessary, given the criminal conduct of the person against whom such an order is rendered. An absolute discharge does not eliminate the guilt or criminal conduct of an accused.

Moreover, while the violation of a condition imposed as part of a probation order under s. 731(2) Cr. C. may result in the cancellation of a granted discharge, the breach of an order prohibiting the possession of weapons under s. 109 Cr. C. is  sanctioned by s. 117.01 Cr. C. Thus, this order not to possess weapons is not a condition within the meaning of s. 730 Cr. C. and is not inconsistent with an absolute discharge. 

*Résumé réalisé par SOQUIJ
Texte intégral de l'arrêt: Http://citoyens.soquij.qc.ca. This link open an external website in a new window.

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