The Crown appealed a decision of the New Brunswick Court of Appeal that ordered a new trial based on errors in the trial judge's charge to the jury.
The Supreme Court of Canada dismissed the appeal, finding that the Crown counsel's address to the jury exceeded the limits laid down in Boucher v. The Queen, and the trial judge inadequately directed the jury regarding these improprieties.
The Court noted no error in the charge regarding corroborative or alibi evidence, but upheld the order for a new trial.
