Arbour J.
Arbour J. — We are of the view that the dissent relied upon by the appellant as the foundation of his appeal as of right under s. 691(1) (a) of the Criminal Code , R.S.C. 1985, c. C-46 , is properly construed as a dissent on a question of law. Hollinrake J.A. concluded his dissenting opinion saying:
I have concluded that the misapprehensions found in the reasons of the trial judge primarily on the issue of credibility are such that it cannot be said the appellant received a fair trial. It follows from Morrissey [(1995), 97 C.C.C. (3d) 193 (Ont. C.A.)] that there has been a miscarriage of justice and there must be a new trial.
((2003), 186 B.C.A.C. 58, 2003 BCCA 457, at para. 56)
The motion to quash is dismissed.
Cases cited
- 97 C.C.C. (3d) 193 97 C.C.C. (3d) 193 ¶ 1
- 186 B.C.A.C. 58 186 B.C.A.C. 58 ¶ 1
- 2003 BCCA 457 2003 BCCA 457 para 56 ¶ 1