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R. v. Ferris

[1994] 3 SCR 756 Court SCC Decision date 1994-11-07 Docket 23988 English

PartiesHer Majesty The Queen Appellant·John Michael Ferris Respondent

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

Decision 6–1 Majority (6) · Sopinka J. (1)

On appeal from Alberta

Subjects Criminal law

Contents

Majority

The judgment of the Court was delivered orally by

Sopinka J.

Sopinka J. -- In our opinion, with respect to the evidence that the respondent was overheard to say "I killed David", if it had any relevance, by reason of the circumstances fully outlined by Conrad J.A., its meaning was so speculative and its probative value so tenuous that the trial judge ought to have excluded it on the ground its prejudicial effect overbore its probative value.
The appeal is therefore dismissed.
Judgment accordingly.
Solicitor for the appellant: Jack Watson, Edmonton.
Solicitors for the respondent: Royal, McCrum, Duckett & Glancy, Edmonton.