R. v. Munroe, [1995] 4 S.C.R. 53

Robert A. Munroe Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Munroe

File No.: 24586.

1995: November 10.

Present: L'Heureux‑Dubé, Gonthier, Cory, Iacobucci and Major JJ.

on appeal from the court of appeal for ontario

Criminal law ‑‑ Trial ‑‑ Jury address by Crown counsel inflammatory

‑‑ Trial judge's directions to jury adequate to prevent unfair trial.

APPEAL from a judgment of the Ontario Court of Appeal (1995), 1995 8921 (ON CA), 96 C.C.C. (3d) 431, 38 C.R. (4th) 68, 79 O.A.C. 41, dismissing the accused's appeal from his conviction for second degree murder. Appeal dismissed, Cory and Major JJ. dissenting.

Edward L. Greenspan, Q.C., and Alison Wheeler, for the appellant.

Eric Siebenmorgen, for the respondent.

//Iacobucci J.//

The judgment of the Court was delivered orally by

[1] Iacobucci J. ‑‑ Although the Court agrees with the unanimous view of the Court of Appeal for Ontario that the jury address by the Crown counsel in this case was inflammatory and repugnant to the role of Crown counsel in criminal cases, there is division among us as to the disposition of this appeal. The majority, Madame Justice L'Heureux‑Dubé, Mr. Justice Gonthier and myself, would dismiss the appeal, agreeing with the conclusion of the majority in the Court of Appeal that the trial judge's directions to the jury were adequate to prevent the occurrence of an unfair or partial trial. The dissent, Mr. Justice Cory and Mr. Justice Major, would allow the appeal for the reasons given by Galligan J.A. in the Court of Appeal.

[2] Accordingly, the appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant: Greenspan, Rosenberg & Buhr, Toronto.

Solicitor for the respondent: The Ministry of the Attorney General, Toronto.