Law360 Canada ( May 22, 2026, 1:58 PM EDT) -- Appeal by Crown from decision quashing Saddleback’s conviction for second-degree murder and ordering new trial. Saddleback had been convicted at trial in relation to the killing of the victim. A key issue at trial was whether Saddleback had exclusive opportunity to commit the offence after others left the scene. Evidence included testimony that the victim was on the phone with his girlfriend shortly before his death, during which he said he was being ditched by those guys. The Crown had earlier abandoned an application to admit this statement for its truth, but defence counsel elicited the statement during cross‑examination. The judge relied on the statement in concluding that the group left during that phone call, thereby placing Saddleback alone with the victim shortly before the killing. The Court of Appeal majority held that the judge improperly used this out‑of‑court statement for its truth, constituting impermissible hearsay. The Crown submitted that the majority erred and argued that the statement was not used for its truth but as circumstantial or contextual evidence. Saddleback contended that the majority was right and that, in any case, a new trial was required because the judge misapprehended the evidence and because the reasons were insufficient....