R v Mason

Decided: 2026-09-24. Docket: CA49164. Citation: 2026 BCCA 386 (CanLII). Criminal and statutory offences — Criminal Code offences — Harassment — Criminal Code, ss. 264 and 372(3) — Whether incompetent representation caused a miscarriage of justice — Trial counsel denied accused the right to choose whether to testify — Conviction and conditional stay set aside and new trial on both counts ordered | Procedure — Counsel competence — Decision to testify — Whether trial counsel effectively denied the accused the right to choose whether to testify — Failure to consult at the close of the Crown’s case — Trial counsel made the final decision that no defence witnesses would be called — Appeal allowed | Procedure — Trial management — Admissions by counsel — Whether trial counsel made admissions contr