R. v. Godin

1. The Court‑‑There were acquittals at trial on the principal offence of discharging a firearm with intent to avoid arrest. The acquittals were overturned on appeal and a new trial ordered: (1985), 62 N.B.R. (2d) 91, 161 A.P.R. 91. The Court of Appeal found error in the directions, relating to included offences, which were given to the jury by the trial judge. Assuming without deciding that such error existed, we are nevertheless of the view that in light of the uncertainty concerning the rights and powers of the Forest Service officers at the time ‑ a matter which was not canvassed in the Court of Appeal ‑ and in light also of the fact that a period in excess of five years has elapsed since the events giving rise to the charge occurred, the interests of justice will be best served by allowing the appeal and restoring the acquittals.