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R. v. Ewert

[1992] 3 SCR 161 Court SCC Decision date 1992-10-14 Docket 22765 English

PartiesHer Majesty The Queen Appellant·Jeffrey George Ewert Respondent

Judges La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; McLachlin, Beverley

Decision 3–1–1 Southin J. (3) · La Forest J. (1) · Sopinka J. (1)

On appeal from British Columbia

Subjects Criminal law

Contents

Southin J.

The judgment of the Court was delivered orally by

La Forest J.

La Forest J. ‑‑ The Court is ready to hand down judgment. The judgment will be pronounced by Mr. Justice Sopinka.
//Sopinka J.//

Sopinka J.

Sopinka J. ‑‑ This is an appeal as of right based on the dissenting reasons of Southin J.A. The only issue before us is whether the majority of the Court of Appeal found an error of law which gave the Court of Appeal jurisdiction to allow the appeal. In our opinion, the majority disagreed with the trial judge as to the weight of evidence. We, therefore, agree with Southin J.A. that there was no question or error of law.
The appeal is allowed and the conviction is restored.
Judgment accordingly.
Solicitors for the appellant: Wilson & Buck, Vancouver.
Solicitor for the respondent: The Attorney General of British Columbia, Vancouver.