Docket

37926

Percy Lewis Cain v. Her Majesty the Queen

(Nova Scotia) (Criminal) (As of Right)

(Publication ban in case)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2018-06-01 Appeal closed
2018-05-17 Transcript received, 40 pages.
2018-05-15 Formal judgment sent to the registrar of the court of appeal and all parties
2018-05-15 Judgment on appeal and notice of deposit of judgment sent to all parties
2018-05-14 Respondent's condensed book, (Book Form), 14 copies submitted in courtroom. Her Majesty the Queen
2018-05-14 Appellant's condensed book, (Book Form), 14 copies submitted in courtroom. Percy Lewis Cain
2018-05-14 General proceeding, Questionnaire for publication ban. Her Majesty the Queen
2018-05-14 General proceeding, Questionnaire for publication ban. Percy Lewis Cain
2018-05-14 Judgment on the appeal rendered, CJ Ka Ga Côt Mar,
The appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 460968, 2017 NSCA 96, dated December 28, 2017, was heard on May 14, 2018, and the Court on that day delivered the following judgment orally:

THE CHIEF JUSTICE — Mr. Cain was convicted at trial of sexual assault, contrary to s. 271 of the Criminal Code, R.S.C. 1985, c. C-46. He appealed on the ground that the trial judge relied on the complainant’s prior consistent statement for an impermissible purpose, namely, to confirm the truth of her testimony. A majority of the Nova Scotia Court of Appeal dismissed Mr. Cain’s appeal, Scanlan J.A. dissenting. Mr. Cain appeals to this Court as of right.

A majority of this Court would dismiss the appeal, substantially for the reasons of the majority of the Court of Appeal. At trial, Mr. Cain challenged the reliability of the complainant’s testimony on the basis of inconsistencies between it and her prior statements to police. The trial judge found that the inconsistencies involved only insignificant peripheral matters, and so he rejected Mr. Cain’s contention that any inconsistencies rendered the complainant not credible or her evidence unreliable. The trial judge did not rely on consistencies between the statements and testimony to bolster the truth of the complainant’s testimony. This was an appropriate use of a prior consistent statement and did not constitute an error of law.

Justice Côté, dissenting, would have allowed the appeal, substantially for the reasons of Scanlan J.A.

Therefore, the appeal is dismissed.
Dismissed
2018-05-14 Hearing of the appeal, 2018-05-14, CJ Ka Ga Côt Mar
Judgment rendered
2018-05-14 Appeal hearing scheduled, 2018-05-14
Judgment rendered
2018-04-23 Appeal perfected for hearing
2018-04-18 Notice of appearance, (Letter Form), James A. Gumpert, Q.C. and Sean P. McCarroll will be present at the hearing. Mr. Gumpert will present oral arguments. Her Majesty the Queen
2018-04-17 Notice of appearance, (Letter Form), Roger A. Burrill will be present for the hearing and will present oral arguments. Percy Lewis Cain
2018-04-11 Certificate (on limitations to public access), (Letter Form), Form 23B Her Majesty the Queen
2018-04-11 Certificate (on limitations to public access), (Letter Form), Form 23A Her Majesty the Queen
2018-04-11 Respondent's factum, (Book Form), Completed on: 2018-04-11 Her Majesty the Queen
2018-03-12 Certificate of counsel (attesting to record), (Letter Form) Percy Lewis Cain
2018-03-12 Certificate (on limitations to public access), (Letter Form), 23B Percy Lewis Cain
2018-03-12 Appellant's book of authorities, (Book Form), Completed on: 2018-03-12 Percy Lewis Cain
2018-03-12 Appellant's record, (Book Form), Completed on: 2018-03-12 Percy Lewis Cain
2018-03-12 Appellant's factum, (Book Form), Completed on: 2018-03-12 Percy Lewis Cain
2018-03-12 Notice of hearing sent to parties
2018-03-12 Appeal hearing scheduled, 2018-05-14
2018-02-07 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2018-01-30 Letter acknowledging receipt of a notice of appeal, (FILE OPENED 2018-01-30)
2018-01-26 Certificate (on limitations to public access), (Letter Form), Form 23B Percy Lewis Cain
2018-01-26 Certificate (on limitations to public access), (Letter Form), Form 23A Percy Lewis Cain
2018-01-26 Notice of appeal, (Letter Form), Completed on: 2018-01-26 Percy Lewis Cain