R. v. W.B.C., [2001] 1 S.C.R. 530, 2001 SCC 17
W.B.C. Appellant
v.
Her Majesty The Queen Respondent
Indexed as: R. v. W.B.C.
Neutral citation: 2001 SCC 17.
File No.: 27822.
2001: March 16.
Present: Iacobucci, Major, Bastarache, Binnie and Arbour JJ.
on appeal from the court of appeal for ontario
Criminal law – Powers of Court of Appeal – No substantial wrong or miscarriage of justice – Court of Appeal dismissing accused’s appeal from conviction – Court of Appeal correct in applying curative proviso of Criminal Code.
Statutes and Regulations Cited
Criminal Code, R.S.C. 1985, c. C-46, s. 686(1)(b)(iii).
APPEAL from a judgment of the Ontario Court of Appeal (2000), 2000 CanLII 5659 (ON CA), 130 O.A.C. 1, 142 C.C.C. (3d) 490, [2000] O.J. No. 397 (QL), dismissing the accused’s appeal from his conviction for sexual assault. Appeal dismissed.
Sharon E. Lavine, for the appellant.
Randy Schwartz, for the respondent.
The judgment of the Court was delivered orally by
1 Iacobucci J. – This appeal comes to us as of right. The sole issue in the appeal is whether the proviso in s. 686(1)(b)(iii) of the Criminal Code can be invoked to uphold the appellant’s conviction. For substantially the reasons of the majority in the Ontario Court of Appeal, we agree that the proviso properly applies and accordingly we dismiss the appeal.
Judgment accordingly
Solicitors for the appellant: Greenspan, Humphrey, Lavine, Toronto.
Solicitor for the respondent: The Ministry of the Attorney General, Toronto.