Case information

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Criminal law – Appeal – Whether Quebec Court of Appeal erred in dismissing applicant’s appeal – Whether applicant raises issue of public importance.

The applicant was charged with two offences, producing cannabis and possession of cannabis, in two separate cases. When police officers arrived at his home with an arrest warrant in connection with an investigation concerning the production of cannabis, they noticed narcotics in plain view, which led to the charge of simple possession of cannabis.

Originally, when the applicant was represented by counsel, it was agreed that the charges in both cases would be tried together in a single proceeding. The applicant represented himself at his trial. He was found guilty on both counts.

On appeal, the applicant submitted that the trial judge had erred in stating that if he decided to testify regarding the facts concerning one of the counts, he could be cross-examined on both counts. He argued that the judge confused the joinder of the two counts with a single count; he was thus faced with the choice of either presenting a defence on both counts or remaining silent and was therefore denied his right to make full answer and defence and his right to a fair trial because he was forced not to testify in one of the two cases for which he had a defence. The Court of Appeal dismissed the appeal.