The appellant was convicted of first degree murder.
During deliberations, the jury was inadvertently provided with unedited transcripts containing submissions made in their absence regarding the admissibility of certain statements.
The trial judge refused to declare a mistrial, instead retrieving the transcripts and cautioning the jury.
The Court of Appeal dismissed the appeal.
The Supreme Court of Canada dismissed the appeal, finding that the trial judge did not err in law in refusing to declare a mistrial, and that the curative proviso analysis was not necessary as no error of law or miscarriage of justice occurred.
