SUPREME COURT OF CANADA

Date: 20151110 Docket: 36449

Between

Gurminder Singh Riar

Appellant

and

Her Majesty The Queen

Respondent

Coram: McLachlin C.J. and Abella, Moldaver, Karakatsanis, Wagner, Gascon and Brown JJ.

Reasons for Judgment: (paras. 1 to 2)

McLachlin C.J. (Abella, Moldaver, Karakatsanis, Wagner, Gascon and Brown JJ. concurring)

R. v. Riar, 2015 SCC 50, [2015] 3 S.C.R. 325

Gurminder Singh Riar Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Riar

2015 SCC 50

File No.: 36449.

2015: November 10.

Present: McLachlin C.J. and Abella, Moldaver, Karakatsanis, Wagner, Gascon and Brown JJ.

on appeal from the court of appeal for ontario

Criminal law — Evidence — Assessment — Accused convicted of importation and possession for purpose of trafficking of controlled drug — Trial judge erred in mischaracterizing accused’s defence and in assessing accused’s evidence and credibility — Errors deprived accused of fair trial and caused miscarriage of justice.

APPEAL from a judgment of the Ontario Court of Appeal (Laskin, van Rensburg and Benotto JJ.A.), 2015 ONCA 350 , 334 O.A.C. 361, [2015] O.J. No. 2475 (QL), 2015 CarswellOnt 7013 (WL Can.), affirming the accused’s conviction for importing cocaine and possession of cocaine for the purpose of trafficking. Appeal allowed.

James Lockyer and Lance Beechener , for the appellant.

Kevin Wilson and Howard Piafsky , for the respondent.

The judgment of the Court was delivered orally by

[ 1 ] The Chief Justice — We are all of the view that the appeal should be allowed, substantially for the reasons of Laskin J.A.

[ 2 ] The conviction is set aside and a new trial is ordered.

Judgment accordingly.

Solicitors for the appellant: Lockyer Campbell Posner, Toronto.

Solicitor for the respondent: Public Prosecution Service of Canada, Toronto.