SUPREME COURT OF CANADA

Appeal heard: March 21, 2017 Judgment rendered: March 21, 2017 Docket: 37042

Between:

Her Majesty The Queen

Appellant

and

S.B.

Respondent

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

Reasons for Judgment: (para. 1)

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

R. v. S.B., 2017 SCC 16, [2017] 1 S.C.R. 248

Her Majesty The Queen Appellant

v.

S.B. Respondent

Indexed as: R. v. S.B.

2017 SCC 16

File No.: 37042.

2017: March 21.

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

on appeal from the court of appeal for newfoundland and labrador

Criminal law — Appeals — Powers of Court of Appeal — Accused acquitted of several counts of assault and sexual assault by jury — Court of Appeal holding that trial judge erred in allowing cross-examination of complainant on prior sexual activity and in denying Crown applications to lead evidence to rebut allegations of recent fabrication — Majority of Court of Appeal finding that jury verdict should not be set aside despite trial judge’s errors — Dissenting judge finding that proper remedy is to set aside acquittals and order new trial — New trial ordered on all charges.

APPEAL from a judgment of the Newfoundland and Labrador Court of Appeal (Green C.J. and Rowe and White JJ.A.), 2016 NLCA 20 , 30 C.R. (7th) 61, 377 Nfld. & P.E.I.R. 84, 1173 A.P.R. 84, 336 C.C.C. (3d) 38, [2016] N.J. No. 158 (QL), 2016 CarswellNfld 183 (WL Can.), affirming the accused’s acquittals. Appeal allowed and new trial ordered.

Iain R. W. Hollett , for the appellant.

Rosellen Sullivan and Michael A. Crystal , for the respondent.

The judgment of the Court was delivered orally by

[ 1 ] The Chief Justice — We would allow the appeal and order a new trial on all the charges, for the reasons of Chief Justice Green.

Judgment accordingly.

Solicitor for the appellant: Attorney General of Newfoundland and Labrador, St. John’s.

Solicitors for the respondent: Sullivan Breen King Defence, St. John’s; Spiteri & Ursulak, Ottawa.