36313 Adam Michael Brown v. Her Majesty the Queen (Criminal Law – Evidence – Disclosure )

On appeal from the Court of Appeal of Alberta. Mr. Brown and a co-accused were charged with second degree murder and assault with a weapon in relation to a shooting outside a casino.  The identities of the two shooters were in issue at trial.  The Crown’s case against Mr. Brown relied heavily on a statement to police given by a friend who was with Mr. Brown and the co-accused at the casino.  The friend did not witness the shootings or see Mr. Brown with a gun but his statement places Mr. Brown at the shootings and attributes incriminating statements to him.  The trial judge convicted Mr. Brown. After the trial but before the hearing of Mr. Brown’s appeal from his convictions, the police obtained two statements from a witness who was four steps away from the shootings.  His statements were not disclosed until after Mr. Brown’s appeal was dismissed. At the Supreme Court of Canada, Mr. Brown brought a motion to file fresh evidence, and an application for leave to appeal or for a remand.