Bonnie J. Wein

The appellant was convicted of illegal possession of a stolen safety standards certificate.

The trial judge instructed the jury on the doctrine of recent possession, stating they could find the appellant guilty if they were satisfied the certificate was stolen on or about the date the appellant presented it.

The Supreme Court of Canada held that the trial judge erred in law because there was no evidence to support a finding that the theft occurred on that specific date.

The appeal was allowed and a new trial ordered.

The appellant was charged with rape.

During the preliminary inquiry, the presiding judge refused to allow the appellant to question the complainant about her sexual conduct with others during an in camera hearing under section 142 of the Criminal Code.

The appellant was committed for trial and sought to quash the committal by way of certiorari.

The Supreme Court of Canada held that certiorari to quash a committal for trial is only available for lack of jurisdiction, such as a complete denial of the right to cross-examine or call witnesses.

The judge's refusal to compel the complainant to testify at the in camera hearing was an exercise of discretion and did not amount to a denial of natural justice or a jurisdictional error.

The appeal was dismissed.