The appellant appealed his conviction for unlawfully entering Canada after being the subject of a removal order.
At trial, the judge allowed the Crown to rely on issue estoppel to prevent the appellant from attempting to prove he was a Canadian citizen.
Applying the recent Supreme Court of Canada decision in R. v. Mahalingam, the Court of Appeal held that the Crown cannot rely on issue estoppel against an accused.
The appeal was allowed, the conviction quashed, and a new trial ordered.
