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Moreau J. — This is an appeal as of right from the Court of Appeal for Saskatchewan. The respondent was found guilty of sexual assault. He appealed his conviction.
The Court of Appeal was unanimous that the trial judge made reviewable errors in her treatment of the respondent’s evidence and in her analysis of his defence of honest but mistaken belief in consent. Justices Barrington-Foote and Drennan, for the majority, found that the verdict was unreasonable and entered an acquittal. Justice Tholl, dissenting, would have quashed the conviction and ordered a new trial.
Before this Court, the Crown submits that the majority erred by finding that the verdict was unreasonable. A majority of this Court would allow the appeal, substantially for the reasons of Justice Tholl. Justice Rowe would have dismissed the appeal, substantially for the reasons of the majority in the Court of Appeal.
Accordingly, the appeal is allowed and a new trial is ordered.