Majority
The judgment of the Court was delivered orally by
Sopinka J.
Sopinka J. ‑‑ In our opinion, the learned trial judge considered evidence that was inadmissible and prejudicial which may have affected the finding of guilt.
This is not a case for the application of the curative provision contained in s. 686(1)(b)(iii) of the Criminal Code , R.S.C., 1985, c. C‑46 .
Accordingly, the appeal is allowed and the finding of guilt is quashed.
Judgment accordingly.
Solicitor for the appellant: Chandra Gosine, Halifax.
Solicitor for the respondent: Robert E. Lutes, Halifax.