R. v. F. (H.), [1991] 3 S.C.R. 322

H. F. Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. F. (H.)

File No.: 21965.

1991: October 31.

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

on appeal from the court of appeal for alberta

Criminal law ‑‑ Sexual offences ‑‑ Evidence ‑‑ Trial judge admitting prior statements by complainant ‑‑ Statements admissible to rebut allegation of recent fabrication ‑‑ Conviction upheld.

APPEAL from a judgment of the Alberta Court of Appeal (1990), 1990 ABCA 81, 105 A.R. 135, 55 C.C.C. (3d) 286, dismissing the accused's appeal from his conviction on a charge of rape. Appeal dismissed.

Terence C. Semenuk and Mitchell Stephensen, for the appellant.

Earl C. Wilson, 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. Wilson. The Court is ready to render judgment. This is an appeal as of right from the Court of Appeal of Alberta. We are all of the view that the appeal should be dismissed for the reasons given by Justice Stevenson in the Court of Appeal.

Accordingly, the appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant: Singleton, Urquhart, Macdonald, Calgary.

Solicitor for the respondent: Earl C. Wilson, Calgary.