Sopinka J.
Sopinka J. ‑‑ The appeal is dismissed for the reasons of Labrosse J.A. We would only add that reliance was placed on our decision in R. v. Carosella, [1997] 1 S.C.R. 80, which was decided by this Court after the judgment of the Court of Appeal in this case was rendered. In our view, the principles in that case have no application by reason, inter alia, that there is no finding by the trial judge nor any evidence which would justify the conclusion that the police failed to make a record deliberately to avoid production.
Accordingly, the appeal is dismissed.
Cases cited
- R. v. Carosella 24974-1997-02-06 ¶ 1