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R. v. Spicer

2016 SCC 3 [2016] 1 SCR 11 Court SCC Decision date 2016-01-18 Heard 2016-01-15 Docket 36532 English

PartiesJohnathan Peter Spicer Appellant·Her Majesty The Queen Respondent

Counsel (2)
Solicitors for the appellant: Daryl Royer, Edmonton; Akram Attia, Edmonton.
Solicitor for the respondent: Attorney General of Alberta, Edmonton.

Judges Moldaver, Michael J.; Karakatsanis, Andromache; Wagner, Richard; Gascon, Clément; Côté, Suzanne

Delivered by Moldaver J. (Karakatsanis, Wagner, Gascon and Côté JJ. concurring)

On appeal from Alberta

Contents

Reasons for Judgment — Moldaver J. (Karakatsanis, Wagner, Gascon and Côté JJ. concurring)

Moldaver J. — The sole issue before us is whether the trial judge’s failure to instruct the jury on the need to take reasonable steps to ascertain consent might reasonably be thought to have had a material bearing on the acquittal. A majority of the Alberta Court of Appeal found that it did. We agree.
Accordingly, we would dismiss the appeal.