Majority
The judgment of the Court was delivered orally by
Lamer C.J.
Lamer C.J. ‑‑ We need not hear from you Mr. Tammen. We are allowing the appeal. We are of the view that we do not think this is an appropriate case in which the provisos of s. 686(1)(b)(iii) of the Criminal Code , R.S.C., 1985, c. C‑46 , should have been applied.
Therefore, the appeal is allowed, the conviction is set aside and a new trial is ordered.
Judgment accordingly.
Solicitors for the appellant: Peck & Tammen, Vancouver.
Solicitor for the respondent: The Ministry of the Attorney General, Vancouver.