Canning v. The Queen, [1986] 1 SCR 991

Canning v. The Queen, [1986] 1 S.C.R. 991

Gordon Wilfred Canning                                                                   Appellant;

and

Her Majesty The Queen                                                                   Respondent.

File No.: 19143.

1986: June 18; 1986: June 26.

Present: McIntyre, Chouinard, Lamer, Le Dain and La Forest JJ.

on appeal from the court of appeal for nova scotia

                   Criminal law ‑‑ Evidence ‑‑ Identification ‑‑ Accused paraded in detention centre corridor and not in line‑up ‑‑ Charge to jury indicating need for caution in approaching identification evidence but not relating that need to facts ‑‑ Appeal allowed and new trial ordered.

                   APPEAL from a judgment of the Nova Scotia Court of Appeal (1984), 65 N.S.R. (2d) 326, 147 A.P.R. 326, dismissing an appeal from conviction by Richard J., sitting with jury. Appeal allowed.

                   John A. Black, for the appellant.

                   Brian S. Norton, for the respondent.

                   The following is the judgment delivered by

1.                The Court‑‑We are all of the view that while there was some evidence of identification of the accused, and while the trial judge did instruct the jury that caution should be exercised in approaching the identification evidence, he did not relate that need to the facts of this case. The result is that his charge on the issue of identification was inadequate‑‑particularly with regard to the identification procedures adopted at the detention centre.

2.                We would, accordingly, allow the appeal, set aside the conviction, and direct a new trial.

                   Appeal allowed.

                   Solicitor for the appellant: John A. Black, Dartmouth.

                   Solicitor for the respondent: Brian S. Norton, Halifax.