The Crown charged the appellant with conspiracy to violate the Export and Import Permits Act, but the indictment omitted reference to the alleged violation of United States law.
The trial judge refused the Crown's motion to amend the indictment and subsequently dismissed the case for want of evidence.
The Court of Appeal set aside the acquittal and directed the trial to continue.
The Supreme Court of Canada allowed the appeal and restored the acquittal, holding that the Court of Appeal lacked the authority to amend the indictment by substituting a different offence.
Furthermore, the Court held that an order for a new trial under s. 613(4) requires a full new trial, and it would be unjust to force the accused to proceed on an amended indictment, especially since the co-conspirator had been deported.
