The accused was convicted of first degree murder and attempted murder.
On appeal, he sought to introduce fresh psychiatric evidence and raise the defence of not criminally responsible on account of mental disorder (NCRMD) for the first time.
The Court of Appeal admitted the evidence and ordered a new trial limited to the issue of NCRMD.
The Crown appealed to the Supreme Court of Canada.
The Supreme Court held that the fresh evidence was properly admitted despite failing the due diligence requirement, as it was in the interests of justice.
The Court also held that the Court of Appeal had jurisdiction to order a new trial when the NCRMD defence is raised for the first time on appeal.
However, the Court of Appeal erred in limiting the new trial to the NCRMD issue, as this would restrict the accused's right to control his defence and offend the presumption of innocence.
A full new trial was ordered.
