Supreme Court of Canada

R. v. Dubois, [1980] 2 S.C.R. 21

Date: 1980-06-20

Her Majesty The Queen Appellant;

and

Terrance Dwayne Dubois Respondent.

1980: June 20.

Present: Martland, Dickson, McIntyre, Chouinard and Lamer JJ.

ON APPEAL FROM THE COURT OF APPEAL OF ALBERTA

Criminal law—Murder—Acquittal by judge alone—Rational conclusion or mere conjecture by the trial judge—Error of law—Evidence—Uncorroborated testimony of a child—Canada Evidence Act, R.S.C. 1970, c. E-10, s. 16(2).

APPEAL from a judgment of the Court of Appeal of Alberta[^1], dismissing the Crown’s appeal from the acquittal of the accused by a judge alone on a charge of second degree murder. Appeal allowed.

Bruce W. Duncan, for the appellant.

Lorne Scott, for the respondent.

The judgment of the Court was delivered orally by

MARTLAND J.—We are all in agreement with the reasons given by Chief Justice McGillivray, in dissent in the Court of Appeal, for deciding that a new trial should be ordered. We do not express any opinion as to whether subs. (2) of s. 16 of the Canada Evidence Act would have been applicable to the evidence of the witness Dionne Dubois. The appeal is allowed, the judgment of the Court of Appeal is set aside and a new trial is ordered.

Appeal allowed.

Solicitor for the appellant: Bruce W. Duncan, Calgary.

Solicitors for the respondent: Beaumont, Proctor, Calgary.

[^1]: (1979), 1979 ABCA 230, 49 C.C.C. (2d) 501.