Majority
The judgment of the Court was delivered orally by
Lamer C.J.
Lamer C.J. ‑‑ The Court of Appeal, as did the trial judge, found a violation of s. 8 of the Canadian Charter of Rights and Freedoms , but ordered a new trial on the basis that the trial judge misapplied the principles governing determination under s. 24(2). The accused appealed this latter finding. The Crown did not cross‑appeal the finding below of a s. 8 violation.
The only issue before us is the s. 24(2) determination, and we agree with the result reached in the Court of Appeal. This appeal is accordingly dismissed.
Judgment accordingly.
Solicitor for the appellant: Alexander D. Pringle, Edmonton.
Solicitor for the respondent: Bart Rosborough, Edmonton.