Louis Bouthillier

The Court allowed the Crown appeal and restored a second degree murder conviction, holding the provocation defence lacked an air of reality on this record and that jury charge errors were either minor or cured by overwhelming evidence under the curative proviso.

The appellant appealed his convictions for first degree murder and three counts of attempted murder.

The issues on appeal included whether the trial judge erred in not putting the defence of mental disorder automatism to the jury, in summarizing expert testimony, and in charging the jury on the mens rea for criminal harassment.

The Supreme Court of Canada dismissed the appeal from the bench, adopting the reasons of the majority of the Quebec Court of Appeal.