Criminal Law: Fraud; s.9 Canada Evidence Act

R. v. Sheikh, 2020 QCCA 12662021 SCC 13 (39372) 

The Chief Justice: “The Crown appeals as of right from a decision in which a majority of the judges of the Quebec Court of Appeal acquitted the respondent on charges of fraud against him. The Crown submits that the Court of Appeal erred in concluding that the verdict of guilty was unreasonable and that the trial was unfair because, in particular, of the Crown’s failure to have recourse to s. 9  of the Canada Evidence Act, R.S.C. 1985, c. C-5 , during the testimony of witness Vallières, and of an inadequate assessment of the circumstantial evidence. Essentially for the reasons of Schrager J.A., a majority of judges of this Court are not convinced that the Crown’s failure to have recourse to s. 9  of the Canada Evidence Act  made the trial unfair, and they agree with Schrager J.A. that the verdict was not unreasonable. Kasirer J., essentially for the reasons of the majority of the Court of Appeal, would have dismissed the appeal. For these reasons, the appeal is allowed and the verdict of guilty restored.”