Canada Judgment

Supreme Court of Canada

McRitchie v. The Queen

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Source document

01

Holding and result

The trial judge's refusal to admit Crown rebuttal evidence after the accused raised an alibi at the close of the Crown's case was an error of law, warranting setting aside the acquittal and ordering a new trial.

Court disposition

Appeal dismissed; new trial ordered.

Orders

  • Appeal dismissed.
  • Acquittal set aside; new trial ordered.

02

Material facts

Parties

Donald McRitchie

Appellant Counsel: J. Richardson

Her Majesty The Queen

Respondent Counsel: L.H. McDonald, Q.C.

03

Procedural history

  1. Posture

    Criminal Law / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellant argued that the trial judge properly excluded the Crown's rebuttal evidence raised after the accused first raised an alibi at the close of the Crown's case and that the resulting acquittal should stand.
Respondent
Crown argued that the trial judge erred as a matter of law in refusing to admit rebuttal evidence and that that error required setting aside the acquittal and ordering a new trial; the Court of Appeal agreed.

05

Court’s reasoning

  1. 01

    Court of Appeal for British Columbia; affirmed by Supreme Court of Canada (McRitchie v. The Queen [1977] 2 S.C.R. 600)

    When an accused raises an alibi at the close of the Crown's case, the Crown may be permitted to call rebuttal evidence; exclusion of such evidence may constitute an error of law.

  2. 02

    Court of Appeal for British Columbia; affirmed by Supreme Court of Canada (McRitchie v. The Queen [1977] 2 S.C.R. 600)

    An error of law in excluding admissible evidence warrants setting aside an acquittal and ordering a new trial.

06

Ratio, limits and disposition

Ratio decidendi

The trial judge's refusal to admit Crown rebuttal evidence after the accused raised an alibi at the close of the Crown's case was an error of law, warranting setting aside the acquittal and ordering a new trial.

Court disposition

Appeal dismissed; new trial ordered.

  • Appeal dismissed.
  • Acquittal set aside; new trial ordered.

Source and reliance status

Supreme Court of Canada · 1 March 1977

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Judgment text

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Source document

Supreme Court of Canada

Judgment· 1 March 1977

[1977] 2 SCR 600

McRitchie v. The Queen Collection Supreme Court Judgments Date 1977-03-01 Report [1977] 2 SCR 600 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 On appeal from British Columbia Subjects Criminal law Decision Content Supreme Court of Canada McRitchie v. The Queen, [1977] 2 S.C.R. 600 Date: 1977-03-01 Donald McRitchie Appellant; and Her Majesty The Queen Respondent. 1977: March 1. Present: Laskin C.J. and Martland, Judson, Ritchie, Spence, Pigeon, Dickson, Beetz and de Grandpré JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA Criminal law—Charge of unlawful possession of heroin for purpose of trafficking—Alibi evidence raised by accused at close of Crowns case—Crown permitted to call rebuttal evidence—Trial judge subsequently deciding rebuttal evidence not admissible—Court of Appeal holding trial judge’s refusal to allow rebuttal evidence was error of law alone—Acquittal set aside and new trial ordered. APPEAL from a judgment of the Court of Appeal for British Columbia reversing appellant’s acquittal by Skipp Co.Ct.J. on a charge of possession of a narcotic for the purpose of trafficking. Appeal dismissed. J. Richardson, for the appellant. L.H. McDonald, Q.C., for the respondent. The judgment of the Court was delivered orally by THE CHIEF JUSTICE—We do not need to hear you, Mr. McDonald. We agree with the British Columbia Court of Appeal that there must be a new trial. The appeal is dismissed. Appeal dismissed. Solicitors for the appellant: Oliver, Waldock & Richardson, Vancouver. Solicitor for the respondent: D.S. Thorson, Ottawa.

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