The Crown appealed as of right on questions of law following the Quebec Court of Appeal's majority decision setting aside a manslaughter conviction of a police officer and ordering a new trial.
The majority of the Supreme Court agreed with the Court of Appeal that the trial judge erred in law by denying the accused's motion for disclosure of third-party records that met the threshold of likely relevance for full answer and defence.
The trial judge further erred in her treatment of evidence crucial to the accused and in her assessment of expert testimony concerning the accused's conduct as a police officer.
The Crown's appeal was dismissed, with two justices dissenting on both the disclosure and expert evidence issues.
