Reasons for Judgment — LeBel J. (Deschamps, Abella, Charron, Rothstein and Cromwell JJ. concurring)
LeBel J.—
The Court is seized with an appeal as of right brought under s. 691(1) (a) of the Criminal Code , R.S.C. 1985, c. C-46 , from a judgment of the Alberta Court of Appeal (2010 ABCA 131, 477 A.R. 208) rendered on April 22, 2010. A majority of the Court of Appeal dismissed an appeal from a judgment of the Alberta Provincial Court (Chrumka J.) declaring the appellant, Derek Dwight Bruce, guilty on counts of breaking and entering, committing assault causing bodily harm and possession of a weapon.
I am of the view that the appeal fails. Although this appeal does not raise only issues of credibility, I agree with the majority of the Court of Appeal that the trial judge’s decision was reasonable, was supported by the evidence and that he had committed no error in the application of the relevant law to the facts. For these reasons, the appeal is dismissed.
The following are the reasons delivered by
Fish J. —
Dissenting Reasons — Fish J.
With respect for those who are of a different view, I would allow the appeal and order a new trial, essentially on the ground that the decision of the trial judge rests on inferences that do not flow logically and reasonably from the evidence upon which they are made to rest, notably on the issue of identification ― the only real issue in this case.
Cases cited
- 2010 ABCA 131 2010 ABCA 131 ¶ 1