The appellant was convicted of first degree murder.
At his trial, the Crown cross-examined him extensively on incriminating statements he had made while testifying at his brother's separate trial for the same murder, where he had invoked section 5 of the Canada Evidence Act.
The Supreme Court of Canada held that the cross-examination violated section 13 of the Charter because there was a realistic danger that the prior testimony could be used to incriminate him, not merely to test his credibility.
The appeal was allowed and a new trial ordered.
