SUPREME COURT OF CANADA Citation: R. v. Clark, 2022 SCC 49 Appeal Heard: November 30, 2022 Judgment Rendered: November 30, 2022 Docket: 40090 Between: Ryan David Clark Appellant and His Majesty The King Respondent Coram: Karakatsanis, Côté, Brown, Martin and Kasirer JJ. Unanimous Judgment Read By : (para. 1) Karakatsanis J. Note: This document is subject to editorial revision before its reproduction in final form in the Canada Supreme Court Reports . Ryan David Clark Appellant v. His Majesty the King Respondent Indexed as: R. v. Clark 2022 SCC 49 File No.: 40090. 2022: November 30.

Present: Karakatsanis, Côté, Brown, Martin and Kasirer JJ. on appeal from the court of appeal for saskatchewan Criminal law — Charge to jury — Evidence — Identification — Accused convicted of second degree murder by jury — Accused appealing conviction on basis that trial judge erred by failing to provide specific caution to jury regarding frailties of in-court identification by two witnesses — Majority of Court of Appeal holding that instructions properly equipped jury to understand task in evaluating eyewitness evidence including in-court identification — Majority upholding conviction — Dissenting judge finding that

circumstances required caution about inherent frailties of in-court identification evidence and that new trial should be ordered — Conviction set aside and new trial ordered. Cases Cited Referred to: R. v. Hibbert , 2002 SCC 39 , [2002] 2 S.C.R. 445 . APPEAL from a judgment of the Saskatchewan Court of Appeal (Ottenbreit, Leurer and Tholl JJ.A.), 2022 SKCA 36 , 475 D.L.R. (4th) 659, [2022] 6 W.W.R. 659, [2022] S.J. No. 98 (QL), 2022 CarswellSask 125 (WL), affirming the conviction of the accused for second degree murder. Appeal allowed. Bruce K. Campbell and Edward F. Sacher , for the appellant.

Erin Bartsch , for the respondent. The judgment of the Court was delivered orally by [ 1 ] Karakatsanis J. — We agree with Justice Leurer, in dissent, that a specific Hibbert type instruction ( R. v. Hibbert , 2002 SCC 39 , [2002] 2 S.C.R. 445 ) was required in the circumstances of this case. The appeal is allowed, substantially for the reasons of Justice Leurer. The conviction is set aside and a new trial ordered. Judgment accordingly. Solicitor for the appellant: Legal Aid Saskatchewan, Regina Rural Area Office, Regina. Solicitor for the respondent: Attorney General of Saskatchewan, Regina.