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R. v. Waterman

2021 SCC 5 [2021] 1 SCR 14 Court SCC Decision date 2021-01-22 Heard 2021-01-22 Docket 39214 English

PartiesHer Majesty The Queen Appellant·Angus Frederick Waterman Respondent·Attorney General of Ontario Interveners·Criminal Lawyers’ Association (Ontario) Interveners

Judges Wagner, Richard; Abella, Rosalie Silberman; Moldaver, Michael J.; Karakatsanis, Andromache; Brown, Russell; Rowe, Malcolm; Martin, Sheilah

Decision 5–2 Majority (5) — Wagner C.J. and Abella, Moldaver, Karakatsanis and Martin JJ. · Dissent (2) — Brown and Rowe JJ.

On appeal from Newfoundland and Labrador

Contents
Moldaver J. — The only issue on this unreasonable verdict appeal is whether the inconsistencies in the complainant’s testimony are so significant that a conviction registered on the basis of his evidence is unreasonable as a matter of law. Although some of the inconsistencies are troubling, a majority of the Court is satisfied that the jury acted reasonably in believing the complainant.
The complainant accepted that his testimony was inconsistent with his prior statements. These inconsistencies were the focus of vigorous cross‑examination, forceful closing submissions and a comprehensive jury charge, which the parties agree was free of errors. For his part, the complainant explained that counselling had helped improve his memory since his initial police statement. In the majority’s view, it was for the jury to decide whether this explanation neutralized any reasonable doubt caused by the inconsistencies. In these circumstances, the lens of judicial experience causes us to yield to the wisdom of the jurors who had the advantage of hearing the complainant testify. We decline to second guess this determination.
With respect, the majority disagrees that the Crown had to either lead further evidence on the complainant’s counselling sessions or adduce expert evidence on the role that counselling can play in refining memory.
For these reasons, the majority would allow the appeal, set aside the acquittals and restore the convictions.
Justices Brown and Rowe, dissenting, would dismiss the appeal, substantially for the reasons of Justice White.