Roger J. Kergoat

The appellant assisted an undercover police officer in purchasing cocaine by locating a seller, negotiating the price, and passing the money and drugs between the parties.

He was acquitted of trafficking at trial, but the Court of Appeal entered a conviction.

On appeal to the Supreme Court of Canada, the issue was whether a person who assists a purchaser of narcotics can be convicted of trafficking as a party under s. 21(1) of the Criminal Code.

The Court held that while a mere purchaser cannot be convicted of trafficking, a person who acts as an agent for the purchaser or assists the purchaser in buying drugs aids and abets the seller by facilitating the transaction.

The appeal was dismissed and the conviction upheld.

The appellants were convicted of sexually and physically abusing their three children.

At trial, the judge admitted out-of-court statements made by one of the children, restricted the defence expert from testifying about the reliability of the children's memories, and prevented the defence from cross-examining the child therapist using transcripts of police interviews.

The Supreme Court of Canada allowed the appeals, finding that the trial judge erred in these evidentiary rulings and in rendering inconsistent verdicts with inadequate reasons.

The Court entered an acquittal for D.W. due to insufficient evidence and ordered a new trial for D.R. and H.R.