R. v. Majid, [1996] 1 S.C.R. 472

Her Majesty The Queen Appellant

v.

Falah Saleh Majid Respondent

Indexed as: R. v. Majid

File No.: 24732.

1996: March 21.

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

on appeal from the court of appeal for saskatchewan

Criminal law ‑‑ Sexual offences ‑‑ Evidence ‑‑ Accused convicted of sexual assault ‑‑ Conviction set aside on appeal ‑‑ Whether trial judge erred in excluding portions of defence evidence.

APPEAL from a judgment of the Saskatchewan Court of Appeal (1995), 1995 CanLII 3955 (SK CA), 98 C.C.C. (3d) 263, 128 Sask. R. 248, 85 W.A.C. 248, allowing the accused's appeal from his conviction on a charge of sexual assault. Appeal dismissed, L'Heureux‑Dubé J. dissenting.

Kenneth W. Mackay, Q.C., for the appellant.

Richard W. Elson and Mark Brayford, Q.C., for the respondent.

The judgment of the Court was delivered orally by

[1] L'Heureux‑Dubé J. ‑‑ This is an appeal as of right. The majority of the Court is of the view that this appeal should be dismissed substantially for the reasons of Cameron J.A. in the Court of Appeal. Madame Justice L'Heureux‑Dubé, dissenting, would have allowed the appeal substantially for the reasons of Gerwing J.A.

[2] Accordingly, the appeal is dismissed.

Judgment accordingly.

Solicitor for the appellant: The Attorney General for Saskatchewan, Regina.

Solicitors for the respondent: Brayford‑Shapiro, Saskatoon.