SUPREME COURT OF CANADA
Appeal heard: February 20, 2017 Judgment rendered: February 20, 2017 Docket: 37153
Between:
Her Majesty The Queen
Appellant
and
Adam Michael Brown
Respondent
Coram: Abella, Moldaver, Karakatsanis, Gascon and Rowe JJ.
Reasons for Judgment: (paras. 1 to 2)
Abella J. (Moldaver, Karakatsanis, Gascon and Rowe JJ. concurring)
R. v. Brown, 2017 SCC 10, [2016] 1 S.C.R. 166
Her Majesty The Queen Appellant
v.
Adam Michael Brown Respondent
Indexed as: R. v. Brown
2017 SCC 10
File No.: 37153.
2017: February 20.
Present: Abella, Moldaver, Karakatsanis, Gascon and Rowe JJ.
on appeal from court of appeal for alberta
Criminal law — Evidence — Admissibility — Fresh evidence — Accused charged with second degree murder and assault with a weapon following shooting — Accused seeking to adduce new evidence on appeal consisting of statements of witness made at trial of co-accused and to police after accused’s trial and suggesting he was not shooter — Court of Appeal finding that criteria for admission of new evidence met and that new evidence should be admitted — Admission of fresh evidence, setting aside of convictions and order for new trial upheld.
APPEAL from a judgment of the Alberta Court of Appeal (Berger, McDonald and Bielby JJ.A.), 2016 ABCA 192 , 338 C.C.C. (3d) 123, [2016] A.J. No. 640 (QL), 2016 CarswellAlta 1190 (WL Can.), allowing the accused’s application to admit new evidence, setting aside his convictions for second degree murder and assault with a weapon entered by Belzil J., 2010 ABQB 720 , [2016] A.J. No. 1370 (QL), 2010 CarswellAlta 2334 (WL Can.), and ordering a new trial. Appeal dismissed.
Troy Couillard , for the appellant.
Daniel J. Song and Vincent Rizzuto , for the respondent.
The judgment of the Court was delivered orally by
[ 1 ] Abella J. — In all the circumstances of this case, we are satisfied that Mr. Sahal’s K.G.B. statement was admissible, was reasonably capable of belief, and could reasonably have affected the outcome.
[ 2 ] The appeal is therefore dismissed.
Judgment accordingly.
Solicitor for the appellant: Attorney General of Alberta, Edmonton.
Solicitors for the respondent: Sprake Song & Konye, Vancouver.