SUPREME COURT OF CANADA BULLETIN OF PROCEEDINGS
This Bulletin is published at the direction of the Registrar and
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for general information only. It is not to be used as evidence of
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February 21, 1997 335 - 381 le 21 février 1997
JUDGMENTS ON APPLICATIONS FOR LEAVE
25610 JOHN C. TURMEL v. HER MAJESTY THE QUEEN (Crim.)
CORAM: L'Heureux-Dubé, Sopinka and Iacobucci JJ.
The application for an extension for time is granted. The
motion for stay of
execution and the application for leave to appeal are dismissed.
La demande de prorogation de délai est accordée. Le demande de
sursis
d'exécution et la demande d'autorisation d'appel sont rejetées.
NATURE OF THE CASE
Criminal law - Keeping a common gaming house - Defence -
Autrefois Acquit -
Whether the trial judge's interpretation of s. 197(1)(a) of the
Criminal
Code
was correct - Whether the Applicant's conviction was barred by
the doctrine
of
autrefois acquit since he was acquitted of similar activities in
the past -
Whether the sentence was proper.
PROCEDURAL HISTORY
May 16, 1994
Ontario Court (Provincial Division)
(Wright P.C.J.) Conviction: keeping a common gaming house;
Sentence:
3 years probation, 200 hours community service, victim fine
surcharge of $2,500
September 8, 1995
Court of Appeal for Ontario
(Lacourcière, Labrosse and Austin JJ.A.)
Probation order variedMay 27, 1996
Court of Appeal for Ontario
(Finlayson, Abella and Austin JJ.A) Conviction appeal dismissed;
sentence appeal allowed to give effect to order made September 8,
1995
October 31, 1996
Supreme Court of Canada Application for leave to appeal filed
Judicial Amendment to Martin's 1999 CriminalCode.
PART VII - DISORDERLY, GAMNG BETTING S.198
R. v. Turmel (1996), 109 C.C.C. (3d) 162 (Ont. C.A.)
"gain" - As used in paragraph (a), "gain" can
include direct winnings.
Consequently where the accused was an exceptionally skilled
professional gambler who supported the commercial gambling
establishment and paid employees out of his large winnings, the
premises fell within the meaning of "common gaming
house":