Tom Lemon

The appellant sought to appeal a conviction entered after a guilty plea, after the federal Crown concluded that the conviction occasioned a miscarriage of justice.

The Court of Appeal received fresh evidence in the form of a sealed affidavit, granted an extension of time, quashed the conviction, and directed a new trial, with the Crown undertaking to stay further proceedings.

The court also addressed an application by the federal and provincial Crown to continue a sealing order over the affidavit.

Applying open court principles discussed in Dagenais, the court held that a sealing order was appropriate in rare circumstances but required notice to media outlets.