Michel Ayotte

The appellant appealed his conviction for first degree murder, arguing that the trial judge's charge to the jury amounted to a reply to defence counsel's closing address, resulting in a miscarriage of justice.

The Supreme Court of Canada allowed the appeal, finding a violation of section 686(1)(a)(iii) of the Criminal Code.

A new trial was ordered.

The Crown appealed a decision of the Quebec Court of Appeal which had ordered a stay of proceedings due to the omission of a formal accusation on both the first trial and the second trial.

The Supreme Court of Canada allowed the appeal, adopting the dissenting reasons of Brossard J.A. The Court held that the procedural errors were irregularities covered by s. 686(1)(b)(iv) of the Criminal Code, and restored the guilty verdict entered by the trial judge.