Iacobucci J.
Iacobucci J. -- We agree with the majority of the Newfoundland Court of Appeal that the conceded errors of the trial judge in his charge dealing with reasonable doubt and in his re-charge on the use of similar fact evidence were such that the proviso in s. 686(1)(b)(iii) of the Criminal Code , R.S.C., 1985, c. C-46 , should not be applied in all the circumstances of this case. Madame Justice L’Heureux-Dubé and Madam Justice McLachlin, dissenting, would have applied the proviso.
Accordingly, this appeal as of right is dismissed.