Fred Tischler

The accused was convicted of four offences relating to the sexual abuse of a child and uttering a threat.

The trial judge re-opened the trial to hear fresh alibi evidence but ultimately confirmed the convictions.

The Court of Appeal set aside the convictions on the basis that the trial judge's reasons were insufficient to explain how he resolved contradictions in the complainant's evidence.

The Supreme Court of Canada allowed the Crown's appeal and restored the convictions, finding that the trial judge's reasons, read as a whole, were functionally sufficient and explained the basis for the verdict.

The appellant appealed his conviction for second degree murder, arguing the trial judge erred in the recharge to the jury regarding his criminal record and by failing to instruct the jury on post-offence conduct.

The Supreme Court of Canada dismissed the appeal, finding that the recharge on the criminal record could not have misled the jury when read in context.

The Court also held there was no error in failing to instruct on post-offence conduct, noting such an instruction was not requested at trial.