The case is on its way to the Supreme Court of Canada and Rowe will have to appear before a House of Commons committee before his appointment is confirmed.
Justice Malcolm Rowe wrote the decision with Justice Charles White concurring. Chief Justice Derek Green dissented.
In the original case, S.B. was acquitted by a jury of "two counts of sexual assault upon C.M. in addition to six charges of assault (five against C.M. and one against another complainant), one count of assault with a weapon (against C.M.) and one count of careless use of a firearm." (R. v S.B., 2014 NLTD(G) 84)
In the appeal, Rowe wrote that notwithstanding "the serious errors made by the trial judge outlined above, the jury verdict should not be set aside. I have reached this conclusion with reluctance given the unfair manner in which the complainant was dealt with." (2016 NLCA 20)
