R. v. Harper, (1980) 34 N.R. 359 (SCC)

• Judge: Laskin, C.J.C., Ritchie, Dickson, Estey, McIntyre, Chouinard and Lamer, JJ.
• Court: Supreme Court (Canada)
• Case Date: December 08, 1980
• Jurisdiction: Canada (Federal)
• Citations: (1980), 34 N.R. 359 (SCC)

R. v. Harper (1980), 34 N.R. 359 (SCC)

MLB headnote and full text

R. v. Harper

Indexed As: R. v. Harper

Supreme Court of Canada

Laskin, C.J.C., Ritchie, Dickson, Estey, McIntyre, Chouinard and Lamer, JJ.

December 8, 1980.

Summary:

This case arose out of a charge of murder. The accused was convicted by a judge and jury. The accused appealed to the Manitoba Court of Appeal.

The Manitoba Court of Appeal dismissed the appeal - see 2 Man.R.(2d) 153. The accused appealed to the Supreme Court of Canada.

The Supreme Court of Canada allowed the appeal, set aside the judgment of the Manitoba Court of Appeal, quashed the conviction and ordered a new trial.

Criminal Law - Topic 5332

Evidence - Confessions and voluntary statements - Voir dire, necessity of - Charge of murder - The Supreme Court of Canada ordered a new trial because of the failure of the trial court to hold a voir dire respecting a statement allegedly made by the accused to a police officer.

Cases Noticed:

Erven v. The Queen, 25 N.R. 49; 30 N.S.R.(2d) 89; 49 A.P.R. 89; [1979] 1 S.C.R. 926, folld. [paras. 1 and 4].

Counsel:

Hersh Wolch and Heather Leonoff, for the appellant;

J.G.B. Dangerfield, Q.C., and S.J. Whitely, for the respondent.

This appeal was heard by LASKIN, C.J.C., RITCHIE, DICKSON, ESTEY, McINTYRE, CHOUINARD and LAMER, JJ., of the Supreme Court of Canada.

The judgment of the Supreme Court of Canada was delivered orally by LASKIN, C.J.C., on December 8, 1980.