Application for bail pending appeal following a second degree murder conviction. Bail denied with leave to re-apply to a panel of the Court of Appeal in order to allow for an analysis of Oland, 2017 SCC 17.
Held: Application dismissed.
“I have to say that there is strength in the argument made by the appellant’s counsel that the Crown’s choice in having introduced the statements made by Mr. Wruck to the authorities create a situation where the W(D) formula arguably applies. It has been long settled that if the Crown tenders an accused’s single out-of-court statement which contains both inculpatory and exculpatory parts, it must tender the entire statement, and the exculpatory portions are substantively admissible in favour of the accused.”
N. Whitling – Defence Counsel