J. Dean

Judge-alone retrial on a charge of first degree murder arising from a 2006 disappearance where the victim's body was never located.

The Crown relied principally on accomplice evidence, a prior KGB statement from the accused's former common-law partner, and corroborative circumstantial evidence including cellphone records and post-offence conduct.

The court treated the accomplice as a classic Vetrovec witness, rejected large portions of his evidence absent confirmation, but found essential aspects of the killing and body disposal corroborated by independent evidence.

The court held the Crown proved intentional killing beyond a reasonable doubt, but failed to prove planning and deliberation or the distinct predicate confinement necessary for constructive first degree murder.

The accused was acquitted of first degree murder and convicted of second degree murder.

The applicant sought forfeiture of cash seized during a traffic stop under the Civil Remedies Act, 2001.

The court held that, on a balance of probabilities, the bundled cash was proceeds of unlawful activity or an instrument of unlawful activity, relying on the circumstances of seizure, the presence of marijuana-related indicia, the packaging of the money, and unchallenged expert opinion evidence concerning drug-trafficking cash practices.

The court rejected the explanation that the funds were intended for a legitimate tobacco purchase, finding that evidence inconsistent with the ordinary payment practices of the business.

A forfeiture order was granted.

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.