The appellant was charged with breaking and entering, an indictable offence.
He elected to be tried by a magistrate.
The prosecution was conducted by a police officer who was not the informant.
The appellant was convicted and his appeal to the Court of Appeal was dismissed.
The Supreme Court of Canada allowed the appeal, holding that the definition of 'prosecutor' in Part XXIV of the Criminal Code (which includes agents) does not apply to the trial of an indictable offence under Part XVI, even where the accused elects trial by magistrate.
A new trial was ordered.
