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The Court of Appeal dismissed an appeal from a first degree murder conviction, holding that Harbottle’s enhanced participation test does not apply to aiding planned and deliberate murder.
The Court upheld the trial judge's discretionary decision to permit the Crown to use the appellant's prior testimony because the evidence did not arise from Crown misconduct that would attract s.653.1 protection and the judge reasonably concluded the accused could be confronted with inconsistent testimony; however, the jury charge misstated the required causal link for the 'single transaction' test for s.231(5), creating a real possibility of prejudice, so the conviction for first-degree murder was set aside and substituted with second-degree murder and the matter remitted to determine parole…
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The substitution of static triers during jury selection did not contravene mandatory statutory provisions or cause actual or apparent prejudice and was within the trial judge's authority; although leaving s.231(6) to the jury was legally erroneous because the evidence could not support a distinct criminal‑harassment act, that error was harmless given the overwhelming evidence of planned and deliberate first degree murder, therefore the appeal is dismissed and the conviction is upheld.
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Continuing illegal domination is an organizing principle and not a separate element of s.231(5)(e); however, the trial judge's charge contained serious and prejudicial errors—contradictory and unclear directions on the permissible use of post-offence conduct (notably the 'I was jumped' disclaimer), misdirection on relevance to provocation, and a decision tree that conflated provocation with mens rea—which together undermined the integrity of the verdict and warranted allowing the appeal, setting aside the first degree murder conviction and the stay on the kidnapping count, and ordering a new…
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Both appeals dismissed: trial judge did not err in admitting and instructing on after-the-fact conduct or in admitting the bat; any weakness in linkage went to weight; repeated jury instructions prevented misuse of co-accused statements against Fedrick; modified W. (D.) instruction was adequate; severance was not required and no prejudice arose sufficient to overturn convictions.
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La Cour suprême confirme le renvoi à procès pour meurtre au premier degré et juge que l’art. 231(5) peut s’appliquer même si les victimes des deux infractions sont différentes.
The Supreme Court of Canada held that s. 213(c) of the Criminal Code breached ss. 7 and 11(d) of the Charter and was not saved by s. 1.
Appeal in a first degree murder case allowed by consent of the Crown, and a new trial was ordered.
La Cour suprême confirme la condamnation pour meurtre au premier degré et juge valide l’art. 214(5) du Code criminel comme règle de classification de la peine.
The Supreme Court of Canada dismissed the appeal, upheld the first degree murder conviction, and held that s. 214(5)(e) with s. 669 was constitutionally valid.
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