R. v. Gaskin

Decided: 2026-09-29. Docket: C58276. Citation: 2026 ONCA 694 (CanLII). Criminal and statutory offences — Appeals — Conviction appeal — Manslaughter — Wrongful convictions — Shaken baby syndrome — Whether conviction is unsustainable in light of current expert opinion — Miscarriage of justice based on unreliable expert evidence — Appeal allowed, conviction quashed, acquittal entered | Evidence — Fresh evidence — Expert evidence — Admissibility — Whether fresh expert evidence meets the test for admission on appeal — Evidence relevant and credible and bearing on guilt — Evidence could reasonably be expected to have affected the result at trial — Fresh evidence admitted | Criminal and statutory offences — Appeals — Remedy — Whether proper remedy is an acquittal where there is no prospect of con