The Crown appealed a decision of the Quebec Court of Appeal that had allowed the accused's appeal from convictions for sexual touching and ordered a new trial.
The Court of Appeal had found that the trial judge erred in failing to take expert testimony into account.
A majority of the Supreme Court of Canada allowed the appeal, finding that the trial judge neither was mistaken about the purpose of the expert evidence nor abused his discretion in dealing with the expert's testimony.
The appeal was allowed, with three justices dissenting.
