Case # 35664
Her Majesty the Queen v. Mark Edward Grant (November 14, 2014)
The respondent was convicted by judge and jury of second degree murder. In November 1984, the victim, 13-year-old Candace Derksen went missing after school and was never again seen alive. The victim’s body was discovered in January 1985. The respondent was charged in connection with her death in 2007 on the basis of newly obtained DNA testing. During the trial, a voir dire was held with respect to whether the respondent could adduce evidence of an alleged, unknown third party suspect. The trial judge refused to admit the new evidence. The appeal court overturned that decision, ruling that the judge had erred and should have allowed the new evidence.