The appellant appealed a second degree murder conviction arising from a fatal stabbing in an apartment where multiple persons were present, including a witness with a motive to deflect blame.
The Crown conceded several material jury charge errors, including failure to give an adequate Vetrovec warning, misdirection on after-the-fact conduct, mischaracterization of an alternative suspect’s violent record, and inadequate instructions on intoxication and the manslaughter alternative.
The Court of Appeal held the errors were serious and declined to apply the curative proviso because it could not conclude the verdict would inevitably have been the same.
The court also stated that protected statements made during a mental assessment under s. 672.21 of the Criminal Code may be used only on credibility and not as positive evidence of guilt.
The appeal was allowed, the conviction set aside, and a new trial ordered.
