Howard F. Morton

The appellants appealed their convictions for second degree murder arising from a circumstantial case that they killed the deceased in order to steal and export his newly purchased vehicle.

The Court of Appeal rejected challenges to jury selection, exclusion of alleged third-party suspect evidence, and numerous aspects of the jury charge, including instructions on separate liability, recent possession, reasonable doubt, circumstantial evidence, manslaughter, and post-offence conduct.

The court also held that the co-accused's cut-throat closing address did not warrant severance or a mistrial, and that any improper advocacy was adequately corrected by the trial judge.

The convictions were upheld and the Crown's contingent cross-appeal was not addressed.

The respondent was charged with assaulting a peace officer in the execution of his duty after an altercation occurred when a police officer entered an apartment without a warrant to arrest him for attempted car theft.

The trial judge directed a verdict of acquittal, finding the arrest unlawful, which was upheld by the Court of Appeal.

The Supreme Court of Canada allowed the appeal, holding that a police officer may make an arrest on private premises without a warrant if the criteria of the Criminal Code and the common law standards enunciated in Eccles v. Bourque are met.

The appellant laid an information before a Justice of the Peace alleging the commission of indictable offences.

Before the Justice of the Peace could hold a hearing to determine whether process should issue, the Attorney General directed a stay of proceedings under s. 508 of the Criminal Code.

The appellant applied for mandamus to compel the hearing, which was denied by the lower courts.

The Supreme Court of Canada allowed the appeal, holding that the Attorney General's power to stay proceedings under s. 508 only arises after an information is 'found', which occurs when the Justice of the Peace decides to issue a summons or warrant, not merely when the information is laid.

The appellant laid four informations in a private prosecution.

The Attorney General stayed the proceedings, and the appellant's application for mandamus to compel a hearing was dismissed by the lower courts.

Following its concurrent decision in Dowson v. The Queen, the Supreme Court of Canada allowed the appeal and ordered the issuance of mandamus directing the justice of the peace to proceed with a hearing pursuant to section 455.3 of the Criminal Code.