Erik Arsenault

The appellant was convicted of second-degree murder for shooting and killing Ryan Kabuya-Ntumba during a confrontation in Ottawa's ByWard Market on July 1, 2019.

The central issue at trial was whether the appellant acted in self-defence.

The jury rejected the self-defence claim and convicted the appellant, who was sentenced to life imprisonment with no parole eligibility for 14 years.

On appeal, the appellant sought to introduce fresh evidence from an eyewitness and challenged the trial judge's jury instructions on self-defence and post-offence conduct.

The majority dismissed the motion to admit fresh evidence, finding it not reasonably capable of belief, and dismissed both the conviction and sentence appeals.

Justice Copeland dissented on the fresh evidence issue, concluding the evidence was reasonably capable of belief and warranted a new trial.

This decision addresses a motion for leave to intervene in an appeal concerning a s. 15 Charter challenge to COVID-19 benefit programs.

The Canadian Civil Liberties Association (CCLA) and the Income Security Advocacy Centre (ISAC) sought leave to intervene as friends of the court.

The appellant consented to both interventions, while the respondent opposed ISAC's motion.

The court granted both motions, finding that both interveners would provide unique and useful contributions, particularly on issues of remedy, retroactive application of invalidity declarations, and the application of substantive equality analysis in the context of disability and income security programs.