Canada Judgment

Supreme Court of Canada

R. v. Mehari

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Source document

01

Holding and result

The Court found no error in the trial judge’s credibility assessment that warranted appellate intervention; while the Court did not decide whether uneven scrutiny can be an independent ground of appeal, there was no basis to overturn the trial judge on that ground in this case, and the matter was remitted to the Court of Appeal to consider other grounds.

Court disposition

Appeal allowed; Court of Appeal decision setting aside the conviction and ordering a new trial overturned in part and matter remitted to the Court of Appeal

Orders

  • Appeal allowed
  • Matter remitted to the Court of Appeal to decide the grounds of appeal the majority did not address

02

Material facts

Parties

Her Majesty The Queen

Appellant Counsel: W. Dean Sinclair, Q.C.

Awet Mehari

Respondent Counsel: Aaron A. Fox, Q.C.; Darren Kraushaar

Amounts and remedies

  • Year: 2,020

03

Procedural history

  1. Posture

    Criminal Appeal / Appeal to Supreme Court of Canada; Judgment on Appeal From Saskatchewan Court of Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The Crown submitted the trial judge did not err in assessing credibility and that the Court of Appeal erred in setting aside the conviction; no legal error warranting intervention was shown.
Respondent
The respondent contended the trial judge applied uneven scrutiny to the accused’s evidence compared with the complainant’s evidence and that this error required a new trial; argued uneven scrutiny may be an independent ground of appeal.

05

Court’s reasoning

  1. 01

    Supreme Court of Canada jurisprudence cited in judgment

    Appellate courts must show deference to trial judges on credibility findings absent demonstrable error

  2. 02

    Supreme Court of Canada (this judgment)

    Uneven scrutiny as a concept has not been definitively determined by this Court to be an independent ground of appeal

06

Ratio, limits and disposition

Ratio decidendi

The Court found no error in the trial judge’s credibility assessment that warranted appellate intervention; while the Court did not decide whether uneven scrutiny can be an independent ground of appeal, there was no basis to overturn the trial judge on that ground in this case, and the matter was remitted to the Court of Appeal to consider other grounds.

Obiter and limits

  • This Court has not decided whether uneven scrutiny, if it exists, can amount to an independent ground of appeal
  • Deference to trial judges on credibility assessments remains the general rule absent clear error

Court disposition

Appeal allowed; Court of Appeal decision setting aside the conviction and ordering a new trial overturned in part and matter remitted to the Court of Appeal

  • Appeal allowed
  • Matter remitted to the Court of Appeal to decide the grounds of appeal the majority did not address

Source and reliance status

Supreme Court of Canada · 4 December 2020

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Judgment reading view

Judgment text

The complete available source text.

Source document

Supreme Court of Canada

Judgment· 4 December 2020

2020 SCC 40

R. v. Mehari Collection Supreme Court Judgments Date 2020-12-04 Neutral citation 2020 SCC 40 Report [2020] 3 SCR 782 Case number 39109 Judges Abella, Rosalie Silberman; Brown, Russell; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas On appeal from Saskatchewan Notes SCC Case Information Decision Content

SUPREME COURT OF CANADA Citation: R. v. Mehari, 2020 SCC 40, [2020] 3 S.C.R. 782 Appeal Heard: December 4, 2020 Judgment Rendered: December 4, 2020 Docket: 39109 Between: Her Majesty The Queen Appellant and Awet Mehari Respondent Coram: Abella, Brown, Rowe, Martin and Kasirer JJ. Unanimous Judgment Read By: (paras. 1 to 2) Martin J. Her Majesty The Queen Appellant v. Awet Mehari Respondent Indexed as: R. v. Mehari 2020 SCC 40 File No.: 39109. 2020: December 4. Present: Abella, Brown, Rowe, Martin and Kasirer JJ. on appeal from the court of appeal for saskatchewan Criminal law — Evidence — Assessment — Credibility — Uneven scrutiny — Trial judge convicting accused of sexual assault — Majority of Court of Appeal finding trial judge erred in credibility assessment by applying different level of scrutiny to evidence of accused compared to that of complainant and ordering new trial — Trial judge made no error warranting intervention on appeal — Matter remitted to Court of Appeal to decide other grounds of appeal. APPEAL from a judgment of the Saskatchewan Court of Appeal (Whitmore, Leurer and Kalmakoff JJ.A.), 2020 SKCA 37, 387 C.C.C. (3d) 147, [2020] S.J. No. 100 (QL), 2020 CarswellSask 136 (WL Can.), setting aside the conviction of the accused for sexual assault and ordering a new trial. Appeal allowed. W. Dean Sinclair, Q.C., for the appellant. Aaron A. Fox, Q.C., and Darren

Kraushaar, for the respondent. The following is the judgment delivered orally by [1] The Court — This Court has not decided whether uneven scrutiny, if it exists, can amount to an independent ground of appeal or a separate and distinct error of law. In any event, we see no error in respect of this argument that would have warranted intervention on appeal. [2] Accordingly, the appeal is allowed and the matter remitted to the Court of Appeal to decide the grounds of appeal the majority did not address. Judgment accordingly. Solicitor for the appellant: Attorney General of Saskatchewan, Regina. Solicitors for the respondent: McDougall Gauley, Regina.

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