Case information

Criminal law — Charge to jury — Evidence — Identification — Eyewitness identification evidence — What constitutes exculpatory eyewitness evidence and to what extent may the trial judge highlight exculpatory portions of eyewitness identification evidence for the jury without violating the rule from R. v. Morin, [1988] 2 S.C.R. 345? — How should trial judges instruct juries on exculpatory portions of eyewitness evidence and how is such an instruction linked to the burden of proof under the R. v. W.(D.), [1991] 1 S.C.R. 742, formula?

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Following a trial before judge and jury in the Superior Court of Quebec, the applicant was acquitted of one count of first degree murder in the shooting death of a victim that occurred at a restaurant. The only question at trial was the identity of the shooter and whether proof established beyond a reasonable doubt that it was the applicant.

On appeal, the Crown submitted that the trial judge erred in law in instructing the jury to acquit the applicant if they believed, or had a reasonable doubt, that the shooter had blond hair. The Court of Appeal unanimously allowed the Crown’s appeal and ordered a new trial, finding that the trial judge made a material error in the jury instructions regarding the eyewitness identification evidence.