SUPREME COURT OF CANADA
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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