Alexander Alvaro

The accused appealed convictions for criminal negligence causing bodily harm and failing to remain at the scene of an accident arising from a parking lot incident where he claimed he was fleeing an assault.

The Court of Appeal held that the trial judge erred by permitting Crown cross-examination on the accused's failure, upon surrender and arrest, to complain to police about the alleged assault.

The court found that using the accused's silence to attack credibility and support an inference of recent fabrication violated s. 7 of the Charter.

The jury's questions and the contradictory instructions on silence demonstrated the significance of the error.

The appeal was allowed, the convictions were quashed, and a new trial was ordered.

The appellant appealed a decision of the Ontario Court of Appeal that reversed a stay of proceedings entered by the trial judge due to unreasonable delay.

The Supreme Court of Canada, in a majority oral judgment, allowed the appeal and restored the stay.

The majority found that the trial judge carefully considered all relevant factors from Askov and Morin and made no error in exercising his discretion.

The dissenting justices would have dismissed the appeal, agreeing with the Court of Appeal that the trial judge erred in dealing with the period of delay and prejudice.

The accused stabbed and killed the deceased during an altercation.

At trial for second degree murder, the accused claimed self-defence.

The trial judge instructed the jury that the self-defence justification under s. 34(2) of the Criminal Code was not available if the accused was the initial aggressor, reading in the words 'without having provoked the assault' from s. 34(1).

The accused was convicted of manslaughter.

The Court of Appeal ordered a new trial.

The Supreme Court of Canada dismissed the Crown's appeal, holding that s. 34(2) is clear on its face and is available to an initial aggressor.

The Court emphasized that ambiguous penal provisions must be interpreted in the manner most favourable to the accused.