Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Criminal Law - Evidence - Fresh evidence - Post-conviction application to adduce evidence going to identity of complainant - Whether a verdict in a trial may be upheld where the central Crown witness (the complainant) has committed perjury in that proceeding relating to his identity, criminal antecedents and other acts of misconduct, particularly where the conduct of the Crown has inadvertently assisted him in deceiving the trial court as to his true identity, antecedents and misconduct or should such a verdict be overturned as a miscarriage of justice arising from a flawed trial proceeding?


B and C were kidnapped at gunpoint by two gunmen seeking money from C. One of the gunmen searched C's house for money and stole jewellery in the presence of C and his wife, G. The applicant and a co-accused were charged with armed kidnapping, robbery, extortion, and unlawful confinement. Before trial, the applicant's counsel asserted that unverified hearsay indicated that the C had a prior criminal record under another name. The applicant sought an order compelling the police to provide C's fingerprints to be checked against police databases. The trial judge dismissed the application and the trial proceeded before a jury. C testified that he was a Canadian citizen, that he had no criminal record and that he had never been arrested. After conviction and sentencing, the defence determined that C did have a prior criminal record under other names and had been convicted of trafficking in narcotics. C also had been deported twice from Canada. The applicant appealed and applied to introduce the evidence in respect of C's identity as fresh evidence.