John A. Legge

The Attorneys General of Alberta, Manitoba, and Prince Edward Island sought declarations validating past decisions of their provincial courts following a Supreme Court judgment finding the judges lacked independence.

The Court held that the doctrine of necessity applied, rendering past decisions valid without the need for declarations.

The Court also suspended the requirement for an independent judicial remuneration process for one year to allow governments time to comply.

The appellant was convicted of robbery and attempted murder.

The Crown introduced statements made by the purchaser of the getaway car to the vendors, which matched characteristics of the appellant (owning a large pregnant dog and working as a chain-link fencer).

The Supreme Court of Canada held that while the statements were hearsay if used for their truth, they had probative value regarding identity.

The Court established a two-stage procedure for admitting such statements as admissions, requiring a preliminary determination of authenticity on a balance of probabilities.

Although the trial judge erred by not following this procedure, the Court found no substantial miscarriage of justice given the strength of the other circumstantial evidence.

The appeal was dismissed.