3 total
Appeal allowed; implicit informer privilege issue remitted for rehearing.
The appellant, who had been granted confidential informer status by one police force, was transferred to the Surete du Quebec, which failed to clarify his status despite repeated inquiries.
The application judge found the appellant was not a confidential informer with the SQ, rejecting his claims of express promises.
The majority held the application judge erred by failing to analyze whether an implicit promise of confidentiality arose from the nexus between the two police forces, and remitted the matter for reconsideration.
The dissent would have upheld the application judge's findings, concluding the appellant knew he did not have informer status and his claim was opportunistic.
Crown appeal allowed and murder convictions restored as Court of Appeal erred in excluding accused's statement.
The Crown appealed a decision of the Quebec Court of Appeal that ordered a new trial after finding a statement made by the accused in a police van inadmissible.
The Supreme Court of Canada allowed the appeal, holding that the Court of Appeal erred by reassessing the trial judge's weighing of the evidence on the voir dire without showing a serious, specific, and determining error.
The guilty verdicts for first degree murder and conspiracy to murder were restored.
Crown appeal dismissed; trial judge's jury directions on prior inconsistent statements were insufficient.
The Crown appealed a decision of the Quebec Court of Appeal that allowed the accused's appeal against convictions for conspiracy and mischief due to insufficient jury directions regarding prior inconsistent statements.
The Supreme Court of Canada dismissed the Crown's appeal, agreeing that the trial judge's directions were insufficient.
The Court also dismissed the accused's motions for an extension of time and a cross-appeal.