McLachlin C.J.
The Chief Justice — We are all of the view that the appeal should be dismissed. We are of the view that the Court of Appeal correctly concluded that none of the information obtained by the Self Defence Review Committee would be admissible as fresh evidence. Under the terms of Reference, the admissibility of the information before the Committee as fresh evidence is a precondition to a new hearing under s. 690 (b) of the Criminal Code . The appellant concedes that if the report of Dr. Shane is not admissible, the appeal must fail. For the reasons given by the Court of Appeal, Dr. Shane’s new affidavit is not admissible. Therefore the appeal must fail.