2023 CSC 1 (CanLII) | R. c. S.S.

Coram: Wagner CJ and Karakatsanis, Side, Rowe, Martin, Kasirer and O’Bonsawin JJ.

Coram: Chief Justice Wagner and Justices Karakatsanis, Côté, Rowe, Martin, Kasirer and O’Bonsawin

JUDGMENT

The appeal from the judgment of the Court of Appeal for Ontario, Number C68062, 2022 ONCA 305dated April 21, 2022, was heard on January 10, 2023, and the Court on that day delivered the following judgment orally:

The Chief Justice — A majority of this Court would allow the appeal, substantially for the reasons of the dissenting judge, MacPherson J.A. Justice Rowe would dismiss the appeal, substantially for the reasons of the majority of the Court of Appeal. Therefore, the appeal is allowed and the conviction is restored.

JUDGEMENT

The appeal from the judgment of the Court of Appeal for Ontario, Number C68062, 2022 ONCA 305dated April 21, 2022, was heard on January 10, 2023 and the Court delivered the following judgment orally on the same day:

[traduction]

The Chief Judge — A majority of the Court is of the view that the appeal should be allowed, essentially for the dissenting reasons given by MacPherson JA. Justice Rowe would dismiss the appeal, primarily for the reasons of the majority in the Court of Appeal. Accordingly, the appeal is allowed and the conviction is restored.

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