The respondent was convicted of second-degree murder after the victim was found beaten to death outside a trailer.
The Court of Appeal of Alberta quashed the conviction and ordered a new trial, finding that the trial judge impermissibly relied on an out-of-court statement by the victim to establish the timeline of the offence.
The Crown appealed to the Supreme Court of Canada, arguing the statement was not used for its truth.
The Supreme Court of Canada dismissed the appeal, holding that the trial judge used the statement for an impermissible hearsay purpose and that his reasons were insufficient to support any alternative use.
