R v Ukuqtunnuaq

canada, canadian, case law, court opinion, canlii, nuca, 2025nuca8, 2025 nuca 8 (canlii), 2025, nuca, 8, (canlii), 25-25-003-cap, 2025, criminal procedure, appeals, fresh evidence, sexual assault conviction, appellant sought to admit affidavit from family member as fresh evidence on appeal, whether the application to admit fresh evidence should be granted, governing principles for admitting fresh evidence on appeal include due diligence, relevance, credibility, and probative value, criminal code, r.s.c. 1985, c. c, 46, s. 683(1)(d), evidence, fresh evidence on appeal, due diligence, appellant unaware of family member’s observations at trial, family member did not disclose observations until after sentencing, whether appellant met due diligence criterion for admitting fresh evidence, due diligence not a prerequisite for admission in criminal cases but remains an important factor, palmer v the queen, [1980] 1 scr 759, evidence, interests of justice, balancing finality and fairness, fresh evidence contradicted complainant’s testimony and could have affected trial outcome, whether admitting fresh evidence serves the interests of justice, interests of justice require consideration of relevance, credibility, probative value, and due diligence, r v hay, 2013 scc 61, r v lévesque, 2000 scc 47, evidence, remedy, new trial, fresh evidence not decisive enough for immediate disposition, appeal allowed and new trial ordered, governing framework for ordering retrials when fresh evidence is admitted, r v hay, 2013 scc 61