R. v. Mcginn, [1989] 1 S.C.R. 1035

David McGinn Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Mcginn

File No.: 20423.

1989: April 26.

Present: Lamer, Wilson, La Forest, Sopinka and Cory JJ.

on appeal from the court of appeal for alberta

Criminal law -- Narcotics -- Evidence -- Trafficking in a narcotic -- Parties to an offense -- Whether compelling evidence to the effect that appellant was a party to the offense.

APPEAL as of right from a judgment of the Alberta Court of Appeal (1987), 1987 ABCA 112, 78 A.R. 247, dismissing an appeal from a conviction for trafficking in a narcotic. Appeal allowed and new trial ordered.

Alexander D. Pringle, for the appellant.

S. R. Fainstein, Q.C., and D. J. Avison, for the respondent.

The judgment of the Court was delivered orally by

Lamer J. -- We are all of the view that we cannot conclude that, in the absence of the error shown to have been made, the result would necessarily have been the same. As we are also of the view that there is evidence remaining upon which a trier of fact could reasonably convict, upon allowing this appeal, we would order a new trial.

The appeal is allowed, the order of the Court of Appeal is quashed, and a new trial is ordered.

Judgment accordingly.

Solicitor for the appellant: Alexander D. Pringle, Edmonton.

Solicitor for the respondent: John C. Tait, Ottawa.