In a criminal appeal from a provincial court of appeal, the Crown challenged the setting aside of a second degree murder conviction and the order for a new trial.
The central issues were errors in the jury charge, including failure to identify the unlawful act and failure to properly instruct on the elements of manslaughter.
The Court held that these legal errors prevented reliance on the curative proviso under s. 686(1)(b)(iii) of the Criminal Code.
The appeal was dismissed and the new trial order remained in place.
