Jean Villeneuve

The appellant appealed to the Supreme Court of Canada regarding the admissibility of telephone conversations.

The Court assumed a section 8 Charter infringement but held that the three telephone calls were admissible under section 24(2) of the Charter.

The appeal was dismissed.

The accused was charged with second degree murder after stabbing his wife to death.

At trial, he pleaded manslaughter, arguing he acted in a state of mental unconsciousness due to the combined effect of alcohol and medication.

The jury convicted him of second degree murder.

The Court of Appeal ordered a new trial, finding the trial judge erred in his jury charge regarding the burden of proof and reasonable doubt.

The Supreme Court of Canada allowed the Crown's appeal and restored the conviction, adopting the dissenting reasons from the Court of Appeal.

The appellant appealed a conviction for sexual assault, arguing the trial judge erred by failing to inquire into a three-year-old child's capacity to testify before admitting the mother's hearsay evidence.

The Supreme Court of Canada dismissed the appeal.

Assuming without deciding that the trial judge erred, the Court held that the evidence was such that it was a proper case to apply the curative proviso in s. 686(1)(b)(iii) of the Criminal Code.