Hyperlawhypertext legal database R. v. Dubois [1980] 2 SCR 21

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R. v. Dubois

[1980] 2 SCR 21 Court SCC Decision date 1980-06-20 English

PartiesHer Majesty The Queen Appellant·Terrance Dwayne Dubois Respondent

Counsel (4)
Bruce W. Duncan, for the appellant.
Lorne Scott, for the respondent.
Solicitor for the appellant: Bruce W. Duncan, Calgary.
Solicitors for the respondent: Beaumont, Proctor, Calgary.

Judges Martland, Ronald; Dickson, Robert George Brian; McIntyre, William Rogers; Chouinard, Julien; Lamer, Antonio

Decision 4–1 Majority (4) · MARTLAND J. (1)

On appeal from Alberta

Subjects Criminal law

Contents

Majority

The judgment of the Court was delivered orally by

MARTLAND J.

MARTLAND J.—We are all in agreement with the reasons given by Chief Justice McGillivray, in dissent in the Court of Appeal, for deciding that a new trial should be ordered. We do not express any opinion as to whether subs. (2) of s. 16 of the Canada Evidence Act would have been applicable to the evidence of the witness Dionne Dubois. The appeal is allowed, the judgment of the Court of Appeal is set aside and a new trial is ordered.
Appeal allowed.
Solicitor for the appellant: Bruce W. Duncan, Calgary.
Solicitors for the respondent: Beaumont, Proctor, Calgary.

Footnotes

  1. [1] (1979), 49 C.C.C. (2d) 501.

Statutes and regulations cited