Bruce W. Duncan

The respondent was charged with criminal contempt of court after threatening a complainant in another criminal matter.

The Crown proceeded by indictment, and the respondent elected trial by a magistrate, pleading guilty.

The Court of Appeal quashed the conviction, holding that indictment for common law criminal contempt was not available.

The Supreme Court of Canada dismissed the Crown's appeal, holding that while procedure by indictment for contempt ex facie is preserved by section 8 of the Criminal Code, it is triable exclusively in superior courts.

The provincial court judge lacked jurisdiction, and the respondent's election could not confer such jurisdiction.

The appellant appealed his conviction for second degree murder, arguing that the trial judge misdirected himself on the burden of proof, failed to warn himself about the risks of accepting accomplice evidence, and disregarded relevant evidence.

The Supreme Court of Canada, in a 4-3 split decision, dismissed the appeal, with the majority substantially agreeing with the majority decision of the Alberta Court of Appeal.

The Crown appealed the accused's acquittal by a judge alone on a charge of second degree murder.

The Supreme Court of Canada allowed the appeal and ordered a new trial, agreeing with the dissenting reasons of Chief Justice McGillivray in the Court of Appeal.

The Court declined to express an opinion on the applicability of section 16(2) of the Canada Evidence Act to the evidence of the child witness.