Palmer v. The Queen

Listen to Podcast
Case Brief
Facts

Douglas and Donald Palmer were convicted of conspiring to traffic heroin. A key Crown witness, Ford, later recanted his testimony, claiming it was fabricated due to police coercion and promises of payment. The Palmers appealed, seeking to introduce this new evidence. The British Columbia Court of Appeal refused to admit the fresh evidence, and the Palmers appealed to the Supreme Court of Canada.

Issues

1. Did the Court of Appeal err in refusing to admit Ford's recantation as fresh evidence? 2. Did the trial judge err in rejecting Douglas Palmer's testimony regarding three incidents involving Ford, where Ford gave no evidence on those incidents, and Palmer was not cross-examined?

Legal Analysis

The Supreme Court outlined principles for admitting fresh evidence on appeal: (1) It should not be admitted if it could have been adduced at trial with due diligence (though this is applied less strictly in criminal cases); (2) it must be relevant to a decisive issue; (3) it must be credible; and (4) if believed, it could reasonably be expected to have affected the result. The Court found that the Court of Appeal correctly applied the credibility test and found Ford's recantation unbelievable. Regarding the second issue, the Court held that the trial judge's rejection of Palmer's testimony was based on the totality of the evidence, not solely on the three incidents.

Decision

The Supreme Court dismissed the appeal. The Court of Appeal did not err in refusing to admit the fresh evidence because it was not credible. The trial judge's rejection of Palmer's testimony was justified based on the overall evidence presented.

Transcript
Welcome back to Casepod, legal eagles! Today, we're diving into *Palmer v. The Queen*, a Supreme Court of Canada case that deals with fresh evidence and, frankly, some pretty murky circumstances. So, picture this: Douglas and Donald Palmer, convicted of heroin trafficking based, in part, on the testimony of a Crown witness named Ford. Fast forward, and Ford recants! Claims the whole thing was a fabrication, cooked up under police pressure and promises of payment. Drama, right? The Palmers appeal, naturally, wanting to introduce Ford’s recantation as fresh evidence. But the British Columbia Court of Appeal says "no way." That brings us to the Supreme Court. Now, the big question: Should Ford's recantation have been admitted? The Supreme Court lays out a four-part test for admitting fresh evidence on appeal. First, could it have been presented at trial with due diligence? Now, the court’s a little more lenient with this in criminal cases, understandably. Second, is it relevant to a decisive issue? Crucial, obviously. Third, is it *credible*? And fourth, if believed, could it reasonably be expected to have changed the outcome of the trial? The Court of Appeal’s refusal hinged on that credibility piece. They found Ford’s recantation simply unbelievable. The Supreme Court agreed, deferring to the Court of Appeal's assessment. It’s a reminder that even seemingly game-changing evidence needs to pass muster. There was another issue too. Douglas Palmer tried to testify about three specific incidents involving Ford, incidents Ford hadn't even mentioned during his own testimony. The trial judge rejected this testimony, and the Palmers argued this was an error. The Supreme Court, however, said the trial judge’s decision was based on the *totality* of the evidence, not just those three incidents. So, the court found no error there either. Ultimately, the Supreme Court dismissed the appeal. The Court of Appeal was right to keep out Ford’s recantation because it lacked credibility, and the trial judge’s rejection of Palmer’s testimony was justified. *Palmer v. The Queen* is a great illustration of the high bar for introducing fresh evidence on appeal, especially when it comes to credibility. It highlights the importance of the trial judge's role in assessing evidence and the deference appellate courts give to those assessments. Until next time, keep those legal gears turning!