Hyperlawhypertext legal database R. v. Babinski [1992] 3 SCR 467

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R. v. Babinski

[1992] 3 SCR 467 Court SCC Decision date 1992-11-04 Docket 22622 English

PartiesRichard Raymond Babinski Appellant·Her Majesty The Queen Respondent

Judges Lamer, Antonio; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Iacobucci, Frank

Decision 4–1 Majority (4) · Lamer C.J. (1)

On appeal from Ontario

Subjects Constitutional law

Contents

Majority

The judgment of the Court was delivered orally by

Lamer C.J.

Lamer C.J. ‑‑ We are ready to hand down judgment now. We agree with the Court of Appeal that a new trial should be held on the grounds stated by them, save for that relating to the admissibility of the statement, Justice L'Heureux‑Dubé dissenting on this point only. We agree with the trial judge's decision to exclude it. L'Heureux‑Dubé J. agrees with the Court of Appeal that the statement was improperly excluded.
The appeal is therefore dismissed.
Judgment accordingly.
Solicitor for the appellant: Jack Gemmell, Toronto.
Solicitor for the respondent: The Ministry of the Attorney General, Toronto.

Footnotes

  1. [1] * See Erratum [1993] 1 S.C.R. iv