Stephen Grace

The appellant applied for an order of reversal of judgment pursuant to s. 70 of the Supreme Court Act.

The Crown consented to a reversal of the judgment appealed from to the extent that a new trial be ordered.

The appellant, who had previously resisted a similar Crown application, undertook that the only relief sought was a new trial.

The Supreme Court of Canada granted the motion, reversing the judgment of the Nova Scotia Supreme Court, Appeal Division, and remitting the matter for a new trial.

The Crown brought a motion for an order of reversal of judgment under s. 70 of the Supreme Court Act, consenting to a new trial.

The appellant resisted the motion, as he sought an acquittal based on fresh evidence.

The Supreme Court of Canada held that while s. 70 applies to criminal appeals, it cannot be used to force a consent order on an unwilling appellant unless the disposition gives the appellant all the relief that would be available if completely successful.

Since the appellant could potentially be acquitted if completely successful, the Crown's unilateral consent to a new trial was insufficient.

The motion was dismissed.