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The Supreme Court of Canada has made no such allowance.

In the case of Eric Ralph Biddle v. Her Majesty the Queen of Canada, the Supreme Court overturned the decision of the appeal court and allowed an appeal based on the fact that the Crown had attempted to put forth evidence that the defence to which the defence would not have the chance to respond. The Supreme Court made no comments on the above question with its decision on R. v. Biddle.

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Q: Why does the Supreme Court of Canada allow blatantly flawed line-up identification to stand in the Eric Biddle case where almost all the other suspects were not even men?
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