SUPREME COURT OF CANADA Citation: R. v. Blacklaws, 2013 SCC 8, [2013] 1 S.C.R. 403 Date: 20130215 Docket: 34889 Between: Her Majesty The Queen Appellant and Fredrick Owen Blacklaws Respondent Coram: McLachlin C.J. and Fish, Abella, Rothstein and Moldaver JJ. Reasons for Judgment: (para. 1) McLachlin C.J. (Fish, Abella, Rothstein and Moldaver JJ. concurring) R. v. Blacklaws, 2013 SCC 8, [2013] 1 S.C.R. 403 Her Majesty The Queen Appellant v. Fredrick Owen Blacklaws Respondent Indexed as: R. v. Blacklaws

2013 SCC 8 File No.: 34889. 2013: February 15.

Present: McLachlin C.J. and Fish, Abella, Rothstein and Moldaver JJ. on appeal from the court of appeal for british columbia Criminal law — Procedure — Application to sever counts — Charges arising from two separate incidents involving different complainants — Crown charging the counts relating to both incidents on same indictment — Trial judge dismissing application to sever counts — Majority of Court of Appeal ordering new trial on basis that denial of severance resulted in injustice — Trial judge did not act unjudicially in denying severance application — Denial of severance application not resulting in injustice.

APPEAL from a judgment of the British Columbia Court of Appeal (Finch, Newbury and Levine JJ.A.), 2012 BCCA 217 , 260 C.R.R. (2d) 351, 93 C.R. (6th) 83, 285 C.C.C. (3d) 132, 322 B.C.A.C. 107, 549 W.A.C. 107, [2012] B.C.J. No. 980, 2012 CarswellBC 1457, setting aside the accused’s convictions for forcible confinement, overcoming resistance to commission of an offence, sexual assault causing bodily harm and assault causing bodily harm, and ordering a new trial. Appeal allowed. Susan J. Brown , for the appellant. Brent R. Anderson and Lawrence D. Myers , Q.C. , for the respondent.

The following is the judgment delivered orally by [ 1 ] The Chief Justice — We are all of the view that the appeal should be allowed, for the reasons of Chief Justice Finch. Judgment accordingly. Solicitor for the appellant: Attorney General of British Columbia, Vancouver. Solicitors for the respondent: Myers, McMurdo & Karp, Vancouver.