The judgment of the Court was delivered orally by
THE CHIEF JUSTICE—We are all of the opinion that the accused, who was not represented by counsel, was deprived of the right to make full answer and defence when he was not invited by the trial judge to make submissions at the close of the evidence on the issue of possession and was thereupon found guilty of possession of the narcotic. Accordingly, the appeal must be allowed, the judgment of the Ontario Court of Appeal set aside and the conviction quashed, and a new trial is directed.
Appeal allowed, conviction quashed and a new trial directed.
Solicitor for the appellant: Victor S. Paisley, Toronto.
Solicitor for the respondent: R. Tassé, Ottawa.