Supreme Court of Canada

R. v. Brown, [1982] 1 S.C.R. 859

Date: 1982-06-10

Her Majesty The Queen Appellant;

and

Ronald Allan Brown Respondent.

File No.: 16638.

1982: June 10.

Present: Ritchie, Dickson, Beetz, Estey, McIntyre, Chouinard and Wilson JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ALBERTA

Appeal—Fresh evidence available after conviction—Test for admitting new evidence not met—Appeal from order for new trial.

APPEAL from a judgment of the Alberta Court of Appeal (Appeal No. 14002, May 14, 1981) allowing an appeal from conviction by McClung J. and ordering a new trial. Appeal allowed.

Y. Roslak, Q.C., and David Plosz, for the appellant.

R.H. Davidson, for the respondent.

The judgment of the Court was delivered orally by

RITCHIE J.—We are all of the opinion that the majority of the Court of Appeal erred in law in allowing the appellant’s appeal from his conviction and directing a new trial when he had not satisfied the first principle of the test for admitting fresh evidence, namely, whether the evidence sought to be adduced could by due diligence have been adduced at trial.

The appeal is allowed, the judgment of the Court of Appeal is set aside and the judgment at trial is restored.

Judgment accordingly.

Solicitor for the appellant: Peter Teasdale, agent of the Attorney General, Edmonton.

Solicitor for the respondent: R.H. Davidson, Edmonton.