Dr. John Butt

The appellant pleaded guilty to infanticide in 1998 based on the pathology opinion of a paediatric forensic pathologist.

Following a Coroner's Review and a public inquiry, new expert evidence revealed there was no reliable pathological evidence to support the conclusion that the cause of death was asphyxia.

The Court of Appeal admitted the fresh evidence, set aside the guilty plea, quashed the conviction, and ordered a new trial, finding a miscarriage of justice had occurred.

The appellant pleaded guilty to manslaughter in 1994 for the death of her newborn child, based heavily on the flawed forensic pathology evidence of Dr. Charles Smith.

Following the Goudge Inquiry, which revealed serious errors in Dr. Smith's conclusions, the appellant sought to introduce fresh expert evidence demonstrating that the cause of death could not be ascertained and that there was no evidence of asphyxia.

The Crown consented to the appeal.

The Court of Appeal admitted the fresh evidence, set aside the guilty plea, and ordered a new trial, finding that the appellant would not have pleaded guilty but for the flawed expert opinion.

In the context of a Reference directed by the Minister of Justice regarding a 1959 murder conviction, the Crown applied for a production order under s. 683(1)(a) of the Criminal Code against third-party journalists.

The journalists had produced a documentary about the case and interviewed several witnesses who were now providing fresh evidence.

The journalists resisted, arguing the court lacked jurisdiction to issue a production order against a third party for investigative purposes.

The Court of Appeal held it had jurisdiction to order production where it is in the interests of justice to assist in determining the admissibility of fresh evidence.

The court ordered the production of two of the three retained video recordings.