The accused was convicted of first degree murder.
Years later, he applied to the Minister of Justice for a review based on fresh evidence.
The Minister referred the matter to the Court of Appeal under s. 690 of the Criminal Code for an opinion on whether the evidence was admissible, and if so, to determine the appeal.
The Court of Appeal concluded the evidence was inadmissible and did not proceed to determine the appeal.
The accused sought leave to appeal to the Supreme Court of Canada.
The Crown brought a motion to quash the application for leave.
The Supreme Court granted the motion, holding that the Court of Appeal had only provided an advisory opinion under s. 690(c), which is not a final judgment from which an appeal lies.
