The accused was convicted of rape at his first trial, but a new trial was ordered on appeal.
At the second trial, the Crown cross-examined the accused on inconsistent testimony he had given at his first trial to establish consciousness of guilt.
The accused was convicted again, but the Court of Appeal ordered a third trial.
The Crown appealed to the Supreme Court of Canada.
The Supreme Court dismissed the appeal, holding that cross-examining an accused at a retrial on testimony given at a previous trial on the same charge violates the right against self-incrimination under section 13 of the Charter.
The Court further held that this violation was not justified under section 1 of the Charter.
