The appellant was convicted of first degree murder and offering an indignity to human remains.
He appealed his conviction, arguing that the trial judge violated his right to be present at his trial under s. 650 of the Criminal Code by holding an in camera meeting with the federal Crown and an investigating officer to determine an informer privilege claim over RCMP records.
The appellant also challenged the trial judge's jury instructions regarding the 'other suspect' defence, Vetrovec warnings for unsavoury witnesses, and the fact-finding process.
The Court of Appeal dismissed the appeal, holding that the in camera meeting was part of a separate proceeding under s. 37 of the Canada Evidence Act, not the trial itself, and that the appellant had expressly consented to the procedure.
The Court also found no reversible error in the jury instructions.
