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Canning v. The Queen

[1986] 1 SCR 991 Court SCC Decision date 1986-06-26 Docket 19143 English

PartiesGordon Wilfred Canning Appellant·Her Majesty The Queen Respondent

Judges McIntyre, William Rogers; Chouinard, Julien; Lamer, Antonio; Le Dain, Gerald Eric; La Forest, Gérard V.

Delivered by Majority

On appeal from Nova Scotia

Subjects Criminal law

Contents

The following is the judgment delivered by

1. The Court‑‑We are all of the view that while there was some evidence of identification of the accused, and while the trial judge did instruct the jury that caution should be exercised in approaching the identification evidence, he did not relate that need to the facts of this case. The result is that his charge on the issue of identification was inadequate‑‑particularly with regard to the identification procedures adopted at the detention centre.
2. We would, accordingly, allow the appeal, set aside the conviction, and direct a new trial.
Appeal allowed.
Solicitor for the appellant: John A. Black, Dartmouth.
Solicitor for the respondent: Brian S. Norton, Halifax.