The appellant was convicted of conspiracy to impersonate fraudulently and of procuring a passport by making a false statement.
The trial judge failed to charge the jury on the use to which acts and declarations of co-conspirators could be put.
The British Columbia Court of Appeal dismissed the appeal, applying the curative proviso under s. 686(1)(b)(iii) of the Criminal Code.
The Supreme Court of Canada allowed the appeal, holding that this was not an appropriate case to apply the proviso.
The conviction was set aside and a new trial was ordered.
