On January 15, 2019 the Supreme Court of Canada heard the appeal of R. v. Fedyck and rendered the following decision:
2019 SCC 3
The Court — We agree with the reasons of the majority in the Court of Appeal. Accordingly the appeal is dismissed.
The original appeal was not unanimous. R. v. Fedyck, 2018 MBCA 74 featured a significant dissent by Justice Beard. The evidence was circumstantial, and the issue on the appeal was whether the verdict was unreasonable or could not be supported by the evidence.
2018 MBCA 74
[24] The role of an appellate court, in reviewing a conviction based on circumstantial evidence, is to focus on “the question of whether the inferences drawn by the trial judge, having regard to the standard of proof, were reasonably open to him” (Villaroman at para 67).
Great LEXpectations RSS Feed