SUPREME COURT OF CANADA Citation: R. v. G.M., 2013 SCC 24, [2013] 2 S.C.R. 202 Date: 20130425 Docket: 34952 Between: Her Majesty The Queen Appellant and G.M. Respondent Coram: McLachlin C.J. and Fish, Abella, Moldaver and Karakatsanis JJ. Reasons for Judgment: (paras. 1 to 2) McLachlin C.J. (Fish, Abella, Moldaver and Karakatsanis JJ. concurring) R. v. G.M., 2013 SCC 24, [2013] 2 S.C.R. 202 Her Majesty The Queen Appellant v. G.M. Respondent Indexed as: R. v. G.M. 2013 SCC 24 File No.: 34952. 2013: April 25.

Present: McLachlin C.J. and Fish, Abella, Moldaver and Karakatsanis JJ. on appeal from the court of appeal for newfoundland and labrador Criminal law — Appeal — Fresh evidence — Accused convicted of incest and sexual assault — On appeal, accused seeking

to provide affidavit evidence demonstrating that defence counsel provided ineffective assistance at trial — Court of Appeal allowing appeal, setting aside trial judge’s decision and ordering new trial — Defence counsel’s conduct of trial did not result in omissions and decisions which, when added together, had effect of undermining reliability of convictions such that accused suffered miscarriage of justice — Convictions restored.

APPEAL from a judgment of the Newfoundland and Labrador Court of Appeal (Wells, Welsh and Hoegg JJ.A.), 2012 NLCA 47 , 1009 A.P.R. 1, 325 Nfld. & P.E.I.R. 1, 289 C.C.C. (3d) 361, [2012] N.J. No. 243 (QL), 2012 CarswellNfld 238, setting aside the accused’s convictions for incest and sexual assault and ordering a new trial. Appeal allowed and convictions restored. Frances J. Knickle , for the appellant. Peter E. Ralph , Q.C. , and Michael A. Crystal , for the respondent.

The judgment of the Court was delivered orally by [ 1 ] The Chief Justice — We are all of a view that the appeal should be allowed, for the reasons of Hoegg J.A. [ 2 ] The appeal is allowed and the convictions are restored. Counsel agree that in the event the convictions are restored, as they are, the Sex Offender Information Registration order must, as a matter of law, be modified from 10 to 25 years. Judgment accordingly. Solicitor for the appellant: Attorney General of Newfoundland and Labrador, St. John’s. Solicitors for the respondent: Simmonds & Partners Defence, St. John’s; Crystal Cyr Barristers, Ottawa.