R. v. Meddoui, 1991 CanLII 42 (SCC), [1991] 3 SCR 320

Faouzi Merchand Meddoui Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Meddoui

File No.: 22126.

1991: October 29.

Present: La Forest, L'Heureux‑Dubé, Sopinka, Gonthier, Cory, McLachlin and Iacobucci JJ.

on appeal from the court of appeal for alberta

Criminal law ‑‑ Evidence ‑‑ Witnesses ‑‑ Cross‑examination ‑‑ Proposed line of questioning relating to collateral matter ‑‑ Relevance tenuous ‑‑ Trial judge properly excluding cross‑examination ‑‑ Conviction upheld.

APPEAL from a judgment of the Alberta Court of Appeal rendered on May 10, 1990, dismissing appellant's appeal against his conviction by Wachowich J. on a charge of abduction. Appeal dismissed.

Thomas M. Engel, for the appellant.

K. E. Tjosvold, for the respondent.

//La Forest J.//

The judgment of the Court was delivered orally by

La Forest J. ‑‑ It will not be necessary to hear from you Mr. Tjosvold. The Court has reached a decision. Justice Sopinka will pronounce the judgment of the Court.

//Sopinka J.//

Sopinka J. ‑‑ With respect to the first two points argued, we are in substantial agreement with the reasons of the Court of Appeal.

With respect to the ground relating to cross‑examination, the proposed line of questioning related to a collateral matter. Furthermore, its relevance was extremely tenuous and while wide latitude is permitted in cross‑examination in a criminal case, the trial judge properly exercised his discretion in excluding the cross‑examination.

The appeal is therefore dismissed.

Judgment accordingly.

Solicitors for the appellant: Molstad, Gilbert, Edmonton.

Solicitor for the respondent: The Attorney General of Alberta, Edmonton.