Dana W. Giovannetti

The appellant was convicted of causing a disturbance after shouting obscenities at a neighbour from his veranda.

The trial judge and summary conviction appeal court held that the conduct itself constituted a disturbance, and the Court of Appeal refused leave to appeal.

The Supreme Court of Canada allowed the appeal and entered an acquittal, holding that a 'disturbance' under the Criminal Code requires an externally manifested disturbance of the public peace, not merely emotional upset or annoyance.

The appellant police officer and a fellow officer were involved in an altercation with a pedestrian who subsequently died from his injuries.

The fellow officer was convicted of manslaughter, while the appellant was acquitted.

The Court of Appeal ordered a new trial for the appellant, finding the trial judge misdirected the jury on the justified use of force and the mental element for aiding and abetting manslaughter.

The Supreme Court of Canada allowed the appeal and restored the acquittal, holding that the trial judge's instructions were adequate given the appellant's distinct position regarding the power of arrest and that the jury was properly instructed on the required mental element.