R. v. Ward

Parties

Procedural Posture

Criminal Second Degree Murder / Voir Dire (scopelliti Hearing)

Legal Issues

1. 1 Whether evidence of the deceased's violent disposition is admissible at trial
2. 2 Whether two specific incidents recounted by a witness are sufficiently probative and not unfairly prejudicial
3. 3 Whether the accused can rely on the deceased's character evidence to support a claim of self-defence and that the deceased attacked first

Ratio Decidendi

The court admitted the evidence of the second, proximate incident because it demonstrated unprovoked violence by the deceased toward Shane Ward and that Shane was unable to defend himself, making it relevant to self-defence and the issue of who attacked first; the court excluded the Ottawa incident as too remote, non-violent, and of ambiguous probative value. The jury must receive a limiting instruction on the restricted use of the admitted evidence.

Court Disposition

Ottawa incident excluded; second, more proximate incident admitted for the jury with limiting instructions on its use.

Orders

• Exclude evidence of the Ottawa (2005) incident from the jury.
• Admit evidence of the September/October 2006 incident and require the trial judge to instruct the jury on the limited and specific use of that evidence and the prohibition on using it to justify harm to the deceased.