Clarence Gardipy and three other men broke into Justin Scott’s home and tried to rob him. They were later arrested and charged. One of the men, Sean Gardipy (Clarence’s cousin) gave a statement to the police implicating the others. At their trial he was subpoenaed to testify. He refused to be sworn.  The Crown succeeded in tendering his statement. Gardipy was convicted. He appealed. His appeal was dismissed: 2012 SKCA 58.

 

Gardipy decided he was going to rob Justin Scott. He went with three other men to Scott’s house for this purpose. One of those men was his cousin, Sean Gardipy. The men broke into Scott’s home and threatened and beat him in an effort to find his “stash” and rob him. Scott ultimately made an escape and the men fled. They were arrested after a brief investigation