The Crown brought a motion to adduce fresh evidence on appeal, seeking to introduce a transcript of a discussion between the trial judge and two jurors that occurred ten days after the accused was convicted of first degree murder.
The Supreme Court of Canada dismissed the motion, holding that the admission of the transcript would violate the jury secrecy provisions under section 649 of the Criminal Code.
The Court noted that the discussion did not occur in open court with the accused or counsel present, and admitting the evidence would risk converting the appeal into an improper inquiry into jury room proceedings.
