Law360 Canada ( December 12, 2025, 11:48 AM EST) -- Appeal by Crown from a judgment of the Quebec Court of Appeal which set aside Carignan’s conviction for sexual assault and ordered a new trial. Carignan was arrested without warrant inside his educational institution and taken to a police station. There, he made an incriminating statement in a video-taped interview. At trial, Carignan brought a motion to exclude the incriminating statement on the ground that his arrest without warrant was unlawful under s. 495(2) of the Criminal Code (Code) and a violation of s. 9 of the Canadian Charter of Rights and Freedoms (Charter). The trial judge refused to hold a voir dire on the motion on the basis that it had no reasonable chance of success. He based his reasoning on an interpretation whereby an arrest without warrant contrary to s. 495(2) was nonetheless lawful through the application of s. 495(3) as long as the peace officer acted in compliance with s. 495(1)(a) of the Code. Carignan was found guilty. He appealed his conviction on two grounds, including that the trial judge erred in law by refusing to hold a voir dire on his motion. The Court of appeal allowed the appeal. It concluded that the trial judge’s refusal to conduct a voir dire to test Carignan’s challenge deprived him of the opportunity to allege and establish the unlawfulness of his arrest without warrant which was guaranteed by the terms of s. 495(3). A new trial was ordered....