Majority
The judgment of the Court was delivered orally by
Lamer C.J.
Lamer C.J. ‑‑ Having indicated no error on the part of the trial judge as regards the applicable principles when determining a s. 24(2) [of the Canadian Charter of Rights and Freedoms ] issue, we agree with Fraser C.J. that it was error on the part of the majority of the Alberta Court of Appeal to reverse the trial judge's finding. Accordingly, the appeal is allowed, the order of the Court of Appeal is set aside and the conviction is restored.
Judgment accordingly.
Solicitor for the appellant: The Federal Department of Justice, Edmonton.
Solicitors for the respondent: Beresh Depoe Cunningham, Edmonton.