The appellant was convicted of four counts of criminal harassment and one count of breach of release conditions.
During a court-ordered NCR assessment, the appellant made statements to a forensic psychiatrist.
The Crown introduced those statements at trial without a voir dire on admissibility under s. 672.21 of the Criminal Code, without first putting the statements to the appellant in cross-examination as required by ss. 10 and 11 of the Canada Evidence Act, and without disclosing its intention to use the statements for impeachment purposes.
The Court of Appeal held that the combined effect of these errors deprived the appellant of a fair trial, quashed the convictions, and ordered a new trial.
