Lynn D. Ross

The accused was charged with second-degree murder, pointing a firearm, and unauthorized possession of firearms after fatally shooting a man who had aggressively approached his home following a series of altercations.

The victim, who was highly intoxicated and angry, had repeatedly rammed the accused's vehicle with his truck and approached the accused's door brandishing a stick.

The accused, who was inside his home, fired a single shot through the door, killing the victim.

The court found that the Crown failed to prove beyond a reasonable doubt that the accused was not acting in self-defence, resulting in an acquittal on the murder and pointing a firearm charges.

The accused was found guilty of unauthorized possession of firearms.

In a trial for second-degree murder, the Crown applied to admit statements made by the accused to police, while the accused sought to exclude them under the Charter.

The accused argued his statements were involuntary due to police inducements, his right to counsel was breached because his consulted lawyer had an unknown conflict of interest, and he was arbitrarily detained at the police station after a warrant of remand was signed.

The court found the statements were voluntary, the right to counsel was not breached as the state played no role in the conflict, and although the continued detention at the police station was arbitrary, the breach was not serious enough to warrant exclusion under section 24(2) of the Charter.

The statements were ruled admissible.