The appellant appealed his jury conviction for importing heroin after he and his wife were found carrying 9.9 kilograms of heroin on arrival from Pakistan.
The Crown conceded that the trial judge’s refusal to permit a Parks challenge for cause under s. 638(1)(b) of the Criminal Code was reversible error requiring a new trial.
The court rejected the argument that the verdicts were inconsistent, holding that the duress defence required an individualized assessment of the co-accuseds' personal characteristics and circumstances, including whether each had an obvious safe avenue of escape.
The court declined to determine the improper cross-examination ground because no acquittal was available and a retrial was already required.
