R. v. H. (D.S.) and N. (J.D.), 1994 CanLII 90 (SCC), [1994] 2 SCR 392

D. S. H. and J. D. N. Appellants

v.

Her Majesty The Queen Respondent

Indexed as: R. v. H. (D.S.) and N. (J.D.)

File No.: 23689.

1994: May 30.

Present: La Forest, Sopinka, McLachlin, Iacobucci and Major JJ.

on appeal from the court of appeal for british columbia

Appeal ‑‑ Appellate court ‑‑ Jurisdiction ‑‑ Question of law ‑‑ Trial turning on reliability of witnesses and inferences to be drawn from their evidence ‑‑ Neither issue raising a question of law and therefore appellate court without jurisdiction.

Criminal law ‑‑ Appeal ‑‑ Appellate court ‑‑ Jurisdiction ‑‑ Question of law ‑‑ Trial turning on reliability of witnesses and inferences to be drawn from their evidence ‑‑ Neither issue raising a question of law and therefore appellate court without jurisdiction.

APPEAL from a judgment of the British Columbia Court of Appeal (1993), 1993 2832 (BC CA), 47 W.A.C. 129, allowing an appeal from acquittals by Saunderson Prov. Ct. J. and ordering a new trial. Appeal allowed.

Stan Guenther, for the appellant D. S. H.

Douglas J. Marion, for the appellant J. D. N.

Dirk Ryneveld, Q.C., for the respondent.

The judgment of the Court was delivered orally by

La Forest J. ‑‑ We are ready to hand down judgment now. We agree with the dissenting reasons of Seaton J.A. in the British Columbia Court of Appeal (1993), 1993 2832 (BC CA), 47 W.A.C. 129. Accordingly, the appeal is allowed, the judgment of the Court of Appeal set aside and the acquittals entered at trial are restored.

Judgment accordingly.

Solicitors for the appellant D. S. H.: Rush, Crane, Guenther & Adams, Vancouver.

Solicitor for the appellant J. D. N.: Douglas J. Marion, Campbell River.

Solicitor for the respondent: The Attorney General of British Columbia, Victoria.