Wayne Myshkowsky

The appellant appealed his murder conviction to the Court of Appeal and applied to adduce fresh evidence consisting of traffic offence notices.

The Court of Appeal granted the motion to admit the evidence but subsequently dismissed the appeal, applying the curative proviso and concluding the evidence could not have affected the verdict.

The Supreme Court of Canada allowed the appeal and ordered a new trial, holding that once fresh evidence is admitted on the basis that it might reasonably affect the verdict, the court cannot later conclude it had no such effect without usurping the jury's function.

The curative proviso cannot be applied where no error at trial is shown and the issue is solely the admission of fresh evidence.

The appellant appealed a conviction for unlawful circulation of an obscene video cassette and possession of obscene video cassettes for the purpose of circulation.

The Supreme Court held that the principles set out in Towne Cinema governed the case and that, under those principles, the appeal failed.

The conviction entered by the Manitoba Court of Appeal was affirmed.

The appellant appealed his robbery conviction to the Supreme Court of Canada based on a dissent in the Manitoba Court of Appeal.

The Supreme Court quashed the appeal, finding that the dissent in the lower court was not on a question of law, and therefore no appeal as of right existed.