G. Cudmore

The applicants were convicted of arson following a trial.

Before sentencing, the trial judge retired and the matter was reassigned to a new judge pursuant to s. 669.2 of the Criminal Code.

The applicants brought a motion for a mistrial, arguing that the failure to provide reasons for the trial judge's inability to complete the case compromised the appearance of justice.

The court dismissed the motion, finding that the appearance of justice does not require disclosure of personal reasons for a judge's retirement or reassignment, and there was no evidence of bias or unfairness.

The accused was charged with second degree murder following the stabbing death of his former intimate partner.

The accused conceded that he unlawfully caused the victim's death but argued that the offence should be reduced to manslaughter due to provocation and intoxication.

The court applied the principles from R. v. W.D. and the legal test for provocation, finding that the accused's actions were deliberate rather than sudden.

The court rejected the defences of provocation and intoxication, finding the accused guilty of second degree murder.