C. Hopkins

Following a preliminary inquiry, the Crown sought to commit three accused to stand trial for first degree murder in relation to a stabbing at an after-hours club.

The Crown advanced two routes to first degree murder: planning and deliberation, and constructive first degree murder during an unlawful confinement.

The court reviewed the evidence, including witness testimony and surveillance video, and found sufficient evidence upon which a properly instructed jury, acting reasonably, could convict each of the accused of first degree murder under both theories.

All three accused were ordered to stand trial for first degree murder.

The accused was found passed out in his vehicle in a restaurant drive-thru and was charged with impaired care or control and refusing a breath demand.

The court acquitted the accused of the refusal charge because the Crown failed to prove the arresting officer made a valid demand, as there was no evidence of the exact words used, and the breath technician's subsequent demand was not made 'as soon as practicable' due to an unexplained 41-minute delay.

However, the court convicted the accused of impaired care or control based on the totality of the evidence, including his unresponsiveness, slurred speech, unsteadiness, and the strong odour of alcohol.