A young person charged with second degree murder brought a pre-trial application seeking a ruling that the defence of duress was available at law.
The Crown alleged the accused was a party to murder as an aider under s. 21(1)(b) of the Criminal Code and argued that duress was unavailable because s. 17 excludes murder.
The court held that s. 17 applies only to principals who actually commit the offence and does not govern parties who aid or abet.
Relying on Supreme Court of Canada authorities including Paquette and Hibbert, the court concluded that the common law defence of duress remains available to a person charged as a party to murder.
The defence could therefore be raised at trial if an evidentiary foundation establishing an air of reality is shown.
