Lamer C.J.
The Chief Justice ‑‑ Applying this Court’s decision in R. v. Sims, [1992] 2 S.C.R. 858, as did Madam Justice Helper of the Manitoba Court of Appeal in her dissent with which we are in substantial agreement, and also applying our decision in R. v. G. (R.M.), [1996] 3 S.C.R. 362, the appeal is allowed, the order of the Court of Appeal is set aside, and a new trial is ordered. Mr. Justice Gonthier, dissenting, would dismiss the appeal for the reasons given by the majority of the Court of Appeal of Manitoba, and also applying R. v. G. (R.M.).
The appellant has asked for a stay of proceedings given the numerous trials and appeals the accused has been subjected to. Since the Court of Appeal of Manitoba gave reasons, with which we are in full agreement, that they would have entered a stay had the majority allowed the appeal, a stay is therefore entered.
Cases cited
- R. v. Sims 22443-1992-08-27 ¶ 1
- R. v. G. (R.M.) 24709-1996-10-03 ¶ 1