Norman Eli Larue Appellant v. Her Majesty The Queen, 2019 SCC 25
Opinion
SUPREME COURT OF CANADA Citation: R. v . Larue , 2019 SCC 25, [2019] 2 S.C.R. 398 Appeal Heard: April 23, 2019 Judgment Rendered: April 23, 2019 Docket: 38224 Between: Norman Eli Larue Appellant and Her Majesty The Queen Respondent Coram: Abella, Moldaver, Karakatsanis, Côté and Brown JJ. Reasons for Judgment: (paras. 1 to 2) Abella J. (Moldaver, Karakatsanis, Côté and Brown JJ. concurring) R. v . Larue, 2019 SCC 25, [2019] 2 S.C.R. 398 Norman Eli Larue Appellant v. Her Majesty The Queen Respondent Indexed as: R. v . Larue 2019 SCC 25 File No.: 38224. 2019: April 23.
Present: Abella, Moldaver, Karakatsanis, Côté and Brown JJ. on appeal from the court of appeal for yukon Criminal law — Evidence — Admissibility — Hearsay — Key witness refusing to testify at accused’s first degree murder trial —
Trial judge admitting witness’s hearsay statements under principled approach to hearsay evidence — Accused convicted — Court of Appeal dismissing appeal — Trial judge did not err in ruling that threshold reliability of witness’s hearsay statements had been established — Conviction upheld. Cases Cited Applied: R. v. Bradshaw , 2017 SCC 35 , [2017] 1 S.C.R. 865. APPEAL from a judgment of the Yukon Court of Appeal (Bennett, Dickson and Charbonneau JJ.A.), 2018 YKCA 9 , 47 C.R. (7th) 133, [2018] Y.J. No. 45 (QL), 2018 CarswellYukon 50 (WL Can.), affirming the conviction of the accused for first degree murder.
Appeal dismissed, Karakatsanis and Brown JJ. dissenting. Vincent Larochelle , for the appellant. James C. Martin and Noel Sinclair , for the respondent. The judgment of the Court was delivered orally by [ 1 ] Abella J. — Applying R. v. Bradshaw , 2017 SCC 35 , [2017] 1 S.C.R. 865, a majority of this panel would dismiss the appeal largely for the reasons of Dickson J.A., and Justices Karakatsanis and Brown would allow substantially for the reasons of Bennett J.A. [ 2 ] The appeal is therefore dismissed. Judgment accordingly. Solicitor for the appellant: Tutshi Law Centre, Whitehorse.
Solicitor for the respondent: Public Prosecution Service of Canada, Halifax, Whitehorse.
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