In a criminal appeal concerning party liability under s. 21(1)(b) of the Criminal Code, the Court declined to resolve whether omission without a legal duty can ground liability for aiding.
Applying the trial findings, the majority held the evidence did not prove beyond the required threshold that the respondent acted or failed to act for the purpose of aiding the offences charged.
The appellate challenge to the acquittal was therefore rejected.
A dissent would have allowed the appeal for the reasons in the intermediate appellate dissent.
