Case information

Charter of Rights — Criminal law — Offences — Several incidents grouped together in same count — Accused convicted of theft over $5,000 and fraud over $5,000 — Whether grouping of multiple separate incidents in same count is consistent with law and with principles of natural justice — Criminal Code, R.S.C. 1985, c. C 46, s. 581(1).

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In the spring of 2008, the applicant, Olivier Charrière, incorporated Les Élévateurs de la Rive-Nord 2008 inc., a company involved in the drying, storage and trade of grain. As part of his business activities, Mr. Charrière received grain from various producers. Following a complaint by one producer, the police initiated an investigation and Mr. Charrière was charged with theft and fraud. In August 2017, he brought a motion in which he asked that certain counts be divided up and detailed. The counts were then divided into nine counts. In December 2017, following a trial by judge and jury, Mr. Charrière was convicted of two of the nine counts: one count of theft of grain with a value of more than $5,000 pursuant to s. 334(a) Cr. C., and one count of fraud over $5,000 pursuant to s. 380(1)(a) Cr. C.

The Quebec Superior Court sentenced Mr. Charrière to two unconditional terms of imprisonment to be served concurrently: 20 months on the count of theft and 36 months on the count of fraud. The Court of Appeal unanimously dismissed the appeal from the verdicts and allowed the appeal from the sentence; it reduced the sentence by replacing the unconditional period of imprisonment with a conditional sentence of two years less a day to be served in the community.