In one of the longest decisions in the Court’s history, the Court has closed the book on the case of R. v. Truscott:
we have concluded that, while it cannot be said that no jury acting judicially could reasonably convict, we are satisfied that if a new trial were possible, an acquittal would clearly be the more likely result. Having regard to the highly unusual circumstances of this Reference, we have determined that the most appropriate remedy is to enter an acquittal.
Accordingly, in the words of s. 696.3(3)(ii) of the Criminal Code, the appeal is allowed, the conviction for murder is set aside and an acquittal entered.
The last judicial act of Chief Justice Roy McMurtry, with a distinguished bench of Doherty, Weiler, Rosenberg And Moldaver JJ.A. And an impressive use of the Court website as a document depositary.