SCC Case Information
Her Majesty the Queen v. Nicole Rochon
(Quebec) (Criminal) (As of Right / By Leave)
Criminal law - Evidence, Possession for purpose of trafficking.
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.
Criminal law Drugs and substances Marijuana Cultivating or producing Possession for purpose of trafficking Complicity by omission Actus reus Whether complicity by omission under s. 21(1)(b) of Criminal Code requires existence of legal duty to act and whether failure to act by person who omits to exercise authority over another person or property can constitute actus reus.
The appellant Ms. Rochon entrusted her property to her son in her absence. When she returned to her property in the summer, she found that marijuana was being cultivated on her land. She asked her son twice to remove the crop, but she did not want to report him to the authorities. The trier of fact concluded from the evidence that Ms. Rochon had known of the situation and had therefore been obliged to call the police and report what her son was doing.