Reasons for Judgment — Wagner C.J. (Karakatsanis, Brown, Rowe and Martin JJ.concurring)
The Chief Justice — Mr. Black was convicted at trial of importing cocaine into Canada, contrary to s. 6(1) of the Controlled Drugs and Substances Act , S.C. 1996, c. 19 . His appeal against conviction was dismissed by a majority of the Court of Appeal for Ontario, Justice Pardu dissenting.
Mr. Black appeals to this Court as of right.
We agree with Justice Pardu that the trial judge’s reasons, even when read as a whole and in the context of the trial record, fail to reveal the basis on which the trial judge concluded that the Crown had proven the mental element of the offence beyond a reasonable doubt. The reasons fail to fulfil the function of permitting effective appellate review.
The appeal is therefore allowed, and a new trial is ordered.