DATE: 20051012

DOCKET: C40979

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) –and– PAUL ALEXANDER (Appellant)

BEFORE:

LABROSSE, SHARPE and GILLESE JJ.A.

COUNSEL:

Brian H. Greenspan and Peter Copeland

for the appellant

Grace Choi

for the respondent

HEARD & RELEASED ORALLY:

October 11, 2005

On appeal from the judgment of Harry Keenan J. of the Superior Court of Justice, dated September 25, 2003, made in Barrie, Ontario.

A P P E A L B O O K E N D O R S E M E N T

[1] The reasons in this case do not satisfy the requirement to provide adequate reasons for the conviction of the accused. The reasons are conclusory on the only issue in this case, namely the credibility of two witnesses.

[2] The Crown’s case defended entirely on the unconfirmed evidence of its main witness, one Lacourcière.

[3] In our view, the trial judge failed to properly scrutinize the evidence of Lacourcière, particularly, his criminal record, his involvement with illegal firearms and the outstanding charges he was facing. We note that the trial judge misapprehended the evidence that what took place with respect to the steel and the gun barrels had been an exchange. That was not the Crown’s case and is not supported by the evidence.

[4] More importantly, the trial judge took what he expressly found to be a neutral fact, namely the Gainor issue, and drew from it an adverse inference against the credibility of the appellant.

[5] The appeal is allowed, the conviction is quashed, and we order a new trial.