R. v. Rideout, [2001] 1 S.C.R. 755, 2001 SCC 27

Lenore Rideout Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Rideout

Neutral citation: 2001 SCC 27.

File No.: 27675.

2001: April 26.

Present: Major, Bastarache, Binnie, Arbour and LeBel JJ.

on appeal from the court of appeal for newfoundland

Criminal law -- Evidence -- Hearsay -- Defence counsel at trial consenting to admission of hearsay evidence -- Court of Appeal dismissing accused’s appeal from conviction -- Defence counsel’s decision not leading to miscarriage of justice.

APPEAL from a judgment of the Newfoundland Court of Appeal (1999), 1999 CanLII 18942 (NL CA), 182 Nfld. & P.E.I.R. 227, 554 A.P.R. 227, [1999] N.J. No. 294 (QL), upholding the accused’s conviction. Appeal dismissed.

Jerome P. Kennedy, for the appellant.

Kathleen Healey, for the respondent.

The judgment of the Court was delivered orally by

[1] Major J. – It is common ground that the defence counsel was an experienced and competent one. The appellant contends, however, that trial counsel’s decision in this case was a mistake and led to a miscarriage of justice.

[2] We do not agree with his submission and the appeal is dismissed substantially for the reasons of the majority in the Newfoundland Court of Appeal.

Judgment accordingly.

Solicitors for the appellant: Simmonds, Kennedy, St. John’s.

Solicitor for the respondent: The Department of Justice, St. John’s.