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Lavallée v. The Queen

[1977] 2 SCR 626 Court SCC Decision date 1977-05-17 English

PartiesAllan Frederick Lavallée Appellant·Her Majesty The Queen Respondent

Counsel (4)
J.L. Sinclair, for the appellant.
J.G. Dangerfeld, for the respondent.
Solicitors for the appellant: Sinclair, McCulloch, Kress & Jachetta, Winnipeg.
Solicitor for the respondent: The Attorney General for Manitoba.

Judges Laskin, Bora; Martland, Ronald; Judson, Wilfred; Ritchie, Roland Almon; Spence, Wishart Flett; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; de Grandpré, Louis-Philippe

Delivered by Majority

On appeal from Manitoba

Subjects Appeal Evidence

Contents

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We are all of the opinion that this appeal should be quashed. We do not think that any question of law arises under Justice O’Sullivan’s dissent on the question of the identification evidence through the use of photographs. At the most, the issue raised in the dissent involves a question of the sufficiency or weight of the evidence.
We refuse leave to appeal on the question whether the trial judge had erred in law in connection with the request for a voir dire. This point was not raised before the Manitoba Court of Appeal, and we do not think that, in the circumstances revealed by the record, the point arises in a form that would warrant its consideration here.
Judgment accordingly.
[Page 627]
Solicitors for the appellant: Sinclair, McCulloch, Kress & Jachetta, Winnipeg.
Solicitor for the respondent: The Attorney General for Manitoba.