Carole Lebeuf

The appellant was convicted of second degree murder following a jury trial.

The issue on appeal was whether the trial judge's charge to the jury was unfair because the judge provided opinions on the evidence while summarizing the theory of the defence.

The Supreme Court of Canada unanimously agreed with the dissenting judge in the Quebec Court of Appeal that the trial judge's charge compromised the fairness of the trial, and ordered a new trial.

A prisoner appealed the setting aside of a stay entered after a trial judge found a section 7 breach arising from severe mistreatment by a state actor during transport custody.

The Court held that appellate review of section 24(1) remedies is highly deferential and intervention is justified only for legal error, reviewable factual error, or a clearly unjust result.

On the trial findings, the stay remained an available and proportionate remedy in exceptional circumstances where continuation would undermine confidence in the administration of justice.

The Court also held that, when setting aside a stay, an appellate court may in appropriate cases remit the matter for continuation of trial under Criminal Code sections 686(4) and 686(8).