Jacob Charles Badger v. Her Majesty the Queen

(Saskatchewan) (Criminal) (As of Right)


Criminal law — Evidence — Assessment — Identification — Spontaneous utterance — Whether the trial judge erred in law in his assessment of the identification evidence


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Mr. Ray was shot after two masked men burst into his house. In the immediate aftermath of the shooting, he twice identified Mr. Jacob Charles Badger as the person who had shot him. However, at trial, Mr. Ray failed to identify his assailants. The statements he had made shortly after being shot were admitted into evidence as res gestae, on the basis of the spontaneous utterance exception to the hearsay rule. The trial judge found Mr. Badger guilty of aggravated assault.

A majority of the Court of Appeal for Saskatchewan dismissed Mr. Badger’s appeal, holding that the reasoning of the trial judge did not reveal any concerns that he ignored the inherent or situation specific frailties of the identification evidence that came in the form of the spontaneous utterances or failed to properly evaluate the reliability of the spontaneous utterances. In dissent, Kalmakoff J.A. was of the view that the trial judge did not subject the identification evidence to the careful scrutiny the law requires, an error that infected the verdict. He would have allowed the appeal, set aside the conviction and ordered a new trial.

Lower Court Rulings

July 29, 2019
Provincial Court of Saskatchewan

2019 SKPC 43, 991047398
Statements admissible pursuant to the res gestae exception
November 18, 2019
Provincial Court of Saskatchewan

2019 SKPC 65, 991047398
Conviction for aggravated assault entered
September 1, 2021
Court of Appeal for Saskatchewan

2021 SKCA 118, CACR3347
Appeal dismissed