Case information

Criminal law — Evidence — Fresh evidence — Crown witness alleged to have recanted testimony — Whether convictions should be quashed and a new trial ordered or a remand should be ordered?

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.

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A man was fatally shot. The applicant was charged with first degree murder, and unlawful possession of a firearm. At the applicant’s trial there were two key Crown witnesses, the applicant’s former girlfriend, Ms. Fuller, and Paul Smith. The applicant confessed to Ms. Fuller about the murder the same evening it occurred. Ms. Fuller’s evidence was substantially corroborated by independent evidence, including physical evidence and the testimony of Paul Smith. The jury found the applicant guilty of first degree murder, and unlawful possession of a firearm. Life imprisonment with no parole eligibility for 25 years followed. The Court of Appeal dismissed the appeal from the convictions. The applicant asks this Court to remand his case back to the Nova Scotia Court of Appeal, for further proceedings, in accordance with s. 43(1.1) of the Supreme Court Act, specifically to consider the admissibility of Paul Smith’s recantations as fresh evidence. In the alternative, he asks that leave be granted so this Court may consider the admissibility of Paul Smith’s recantations as fresh evidence.