The appellant was involved in a car chase with two men and called his adult son to assist, instructing him to bring a firearm.
The confrontation culminated in the appellant's son fatally shooting both men; the son was convicted of second degree murder and manslaughter.
The appellant was convicted by jury of manslaughter as a party to his son's offences, on the basis that he formed a common unlawful purpose with his son to possess a weapon for a dangerous purpose and to commit assault.
On appeal, the appellant argued the trial judge erred in charging the jury by providing insufficient direction on the elements of the common unlawful purpose offences, misdirecting the jury on party liability, and improperly instructing on the co-conspirators' exception to the hearsay rule.
The Court of Appeal for Alberta held that the trial judge's jury instructions contained no prejudicial error and upheld the convictions.
The Supreme Court of Canada unanimously dismissed the appeal, substantially adopting the majority reasons of the Court of Appeal of Alberta.
