COURT OF APPEAL FOR ONTARIO
Doherty, Feldman and Juriansz JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Marc Guillemette
Appellant
William Thompson, for the appellant
Randy Schwartz, for the respondent
Heard: December 1, 2010
On appeal from the conviction entered by Justice Gordon of the Superior Court of Justice, dated May 12, 2009 and the sentence imposed on May 13, 2009.
APPEAL BOOK ENDORSEMENT
1Aspects of the Crown’s cross-examination were improper and created a real risk of a miscarriage of justice. Having regard to the totality of the circumstances, we are satisfied that the cross-examination did not have that effect in this case.
2The “Vetrovec” warning was adequate. While the points made on appeal could have been included in the instruction and probably would have been had they been requested, they were not essential to a proper “Vetrovec” charge in this case.
3The appeal is dismissed.