Summary

37779

Michel Ledoux v. Her Majesty the Queen

(Quebec) (Criminal) (By Leave)

Keywords

Criminal law — Interception of private communications — Director of police force wiretapping certain rooms in police station in response to being harassed — Self defence — Whether Court of Appeal erred in concluding that defence raised by applicant was defence of mistake of law, not mistake of fact — Whether Court of Appeal erred in concluding that trial judge had erred in law by leaving self defence to jury.

Summary

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The accused was the director of the police force for the city of Mont Tremblant. When the collective agreement expired, the work atmosphere became more acrimonious. The accused was repeatedly subjected to intimidation and acts of vandalism. In response, he installed recording devices at the police station and in the room where the negotiations with the union for the renewal of the collective agreement took place. He was charged with interception of private communications within the meaning of the Criminal Code.

The jury acquitted the accused. It was argued that he had made a mistake with respect to the facts that would entitle him to intercept the communications and that he had acted in self defence in response to the intimidation directed against him. The Court of Appeal set aside the acquittal and ordered a new trial.

Lower Court Rulings

May 15, 2014
Superior Court of Quebec

700-01-110072-124
Applicant acquitted
July 3, 2017
Court of Appeal of Quebec (Montréal)

2017 QCCA 1041, 500-10-005668-148
Appeal allowed; verdict of acquittal set aside; new trial ordered