Case information

None.

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 – Charge to jury – Admissibility – Hearsay – Reliability of evidence – Trial judge not providing Vetrovec caution regarding Crown witness’ testimony – Whether the Court of Appeal erred in law in concluding that the trial judge did not err by refusing to provide a Vetrovec caution to the jury in respect of the key prosecution witness – Whether the Court of Appeal erred in law by not finding the trial judge's jury instructions on the permissible use of hearsay statements admitted only under the “state of mind” exception to be inadequate in the circumstances – Whether the Court of Appeal erred in law by concluding that the trial judge did not err by ruling that certain other hearsay statements by the deceased declarant were admissible under the principled exception to the hearsay rule and by instructing the jury accordingly that these statements could be used for the truth of their contents – Whether there are issues of public importance raised.

The applicant was charged with two counts of first degree murder. It was alleged that he shot his estranged wife and her male friend at a remote family camp north of Sudbury. The trial judge held a voir dire regarding the admissibility of the evidence. After a trial by judge and jury, the applicant was convicted of two counts of first degree murder. The applicant’s appeal against conviction was dismissed by the Court of Appeal.