Alain Gaumond

The Crown appealed a decision of the Quebec Court of Appeal that allowed the accused's appeal from a conviction for sexual touching and ordered a new trial.

The Supreme Court of Canada dismissed the appeal, finding no error in the Court of Appeal's decision to order a new trial.

The appellant appealed his conviction for second degree murder, arguing the Court of Appeal erred in refusing to admit fresh evidence.

The Supreme Court of Canada held that while the Court of Appeal erred in applying the Palmer test by dismissing the application solely because the evidence would not corroborate the appellant's testimony, the fresh evidence could not have affected the result given the existing record.

The appeal was dismissed.