The appellant appealed a first degree murder conviction arising from the disappearance of a 14-year-old victim whose body was not found until after conviction.
The court upheld the admission of a jailhouse informant's evidence, finding the informant was not acting as a state agent when the initial inculpatory statements were elicited and therefore there was no breach of the appellant's s. 7 right to silence.
The court also rejected the proposed fresh evidence concerning the later discovery and forensic examination of the remains, holding that it did not materially undermine the informant's evidence or the Crown's theory and would not reasonably have affected the verdict.
The appeal was dismissed.
