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R. v. Eklund

[1980] 2 SCR 117 Court SCC Decision date 1980-06-24 English

PartiesHer Majesty The Queen Appellant·Brent Harold Eklund Respondent

Counsel (4)
M.G. Allen, for the appellant.
J.O. MacEachern, for the respondent.
Solicitor for the appellant: M.G. Allen, Edmonton.
Solicitor for the respondent: J.O. MacEachern, Edmonton.

Judges Martland, Ronald; Ritchie, Roland Almon; Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien; Lamer, Antonio

Decision 6–1 Majority (6) · 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 of the opinion that the trial judge did not commit any error of law in his charge to the jury in not warning the jury of the danger of accepting the evidence of Bourassa and Cook in the absence of corroboration even if they were not found to be accomplices. The Court of Appeal viewed the charge as inadequate, but, in the absence of an error of law on the part of the trial judge, it was not entitled to allow the respondent’s appeal unless it applied either subpara. (i) or subpara. (iii) of para. (a) of subs. 613(1) of the Code. Neither of these subparagraphs was invoked.
The appeal is allowed, the judgment of the Court of Appeal is set aside and the conviction is restored.
Judgment accordingly.
Solicitor for the appellant: M.G. Allen, Edmonton.
Solicitor for the respondent: J.O. MacEachern, Edmonton.

Statutes and regulations cited

  • Unresolved citations
    • para. (a)
    • subs. 613(1)