Reasons for Judgment — Wagner C.J. (Abella, Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin and Kasirer JJ. concurring)
The Chief Justice — A majority of the Court would allow the appeal and order a new trial, substantially for the reasons of Justice Nordheimer, to the extent that he concluded that there was no breach of s. 8 of the Canadian Charter of Rights and Freedoms .
Justices Abella, Karakatsanis, Brown and Martin would have dismissed the appeal, substantially for the reasons of Justice Pardu.