Majority
The judgment of the Court was delivered orally by
Sopinka J.
Sopinka J. ‑‑ This is an appeal as of right. Applying the principle set out in R. v. Stolar, [1988] 1 S.C.R. 480, and Palmer v. The Queen, [1980] 1 S.C.R. 759, we agree with the conclusion of the Court of Appeal that the evidence should be admitted as fresh evidence and the conclusion to direct a new trial. While the exercise of due diligence is one of the significant factors, it is not applied strictly in criminal cases and must be applied in light of the other relevant factors. The amount of weight to be given to this factor depends on the strength of the other factors, in other words, on the totality of the circumstances.
Under these circumstances, the constitutional questions do not arise and we need not consider them.
The appeal is dismissed.
Judgment accordingly.
Solicitor for the appellant: The Attorney General for Alberta, Edmonton.
Solicitors for the respondent: Beresh Depoe Cunningham, Edmonton.
Solicitor for the intervener the Attorney General of Canada: John C. Tait, Ottawa.
Solicitor for the intervener the Attorney General for Ontario: The Attorney General for Ontario, Toronto.
Cases cited
- R. v. Stolar 19068-1988-03-24
- Palmer v. The Queen item-2543-1979-12-21