R. v. P.E.C.

Charron J. — This appeal comes to this Court as of right on the question of whether the trial judge erred by failing to deal with the evidence on each count separately when she considered the evidence relating to other counts in assessing the credibility of the appellant in respect of a particular set of counts. In our view, the trial judge made no such error. The verdict on each count of an indictment must, of course, be based on evidence admissible with respect to that count; in assessing the credibility of each witness, including the accused, the trial judge was entitled, however, to consider the totality of the evidence given by that witness. In doing so, she did not engage in a prohibited line of reasoning contrary to the rule against similar fact evidence.

However, the findings of credibility in this case were so intertwined, as evidenced by the very impugned passage in the trial judge’s reasons, that it is difficult to identify the logic that led to the divided result reached by the Court of Appeal. Because a new trial has been ordered on the counts involving the complainant S.P., an order that has not been appealed before this Court, we are of the view that there should also be a new trial on the counts involving J.C. For these reasons, the appeal is allowed, the convictions are set aside and a new trial is ordered.