The appellants were acquitted at trial of discharging a firearm with intent to avoid arrest after an exchange of gunfire with Forest Service officers.
The New Brunswick Court of Appeal overturned the acquittals and ordered a new trial based on errors in the trial judge's jury directions regarding included offences.
On appeal to the Supreme Court of Canada, the Court allowed the appeal and restored the acquittals.
The Court held that the interests of justice were best served by restoring the acquittals given the uncertainty concerning the rights and powers of the Forest Service officers at the time of the incident and the passage of over five years since the events occurred.
