Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The Appellant, the director of the Varennes police department, was charged with breach of trust under s. 122 of the Criminal Code for having one of his subordinates, police officer Martin Stephens, write a supplementary report clearing his daughter, Alexandra Boulanger, of any responsibility with regard to a traffic accident.

On July 25, 2001, Alexandra Boulanger was involved in a traffic accident while driving the Appellant’s vehicle. Officer Stephens arrived on the scene moments after the accident and took down the two drivers’ accounts of what had happened.

The Appellant later learned that his insurance company had assessed fault for the accident at 50% for each driver. Convinced that his daughter should not have to bear any liability, the Appellant contacted the insurance company. The company told him that a supplementary report from the investigating officer regarding the description of the accident could prompt a review of its decision. The Appellant then contacted Officer Stephens to obtain a supplementary report.

The Appellant sent the supplementary report to his insurance company, which on September 13 notified him of its decision to review its conclusion. The insurance company finally concluded that Alexandra Boulanger was in no way responsible for the accident. The Appellant therefore did not have to pay a deductible.

The Court of Quebec found the Appellant guilty of breach of trust. The Court of Appeal dismissed the appeal, but Dalphond J.A., dissenting, would have acquitted the Appellant.