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Motion for a stay of recommendation for removal from office pending judicial review granted.
The applicant, a Justice of the Peace, brought a motion for a stay pending the outcome of her application for judicial review of the Justices of the Peace Review Council's recommendation that she be removed from office.
The respondent took no position on the motion.
The court applied the RJR-MacDonald test and found that the applicant raised serious issues to be tried, would suffer irreparable harm if removed from office pending review, and the balance of convenience favoured granting the stay.
The motion for a stay was granted.
The Court of Appeal dismissed the Crown's appeal from an acquittal for second-degree murder, upholding the trial judge's holistic assessment of self-defence.
The Crown appealed the acquittal of the respondent for second-degree murder, where the trial judge found the respondent acted in self-defence.
The Crown argued the trial judge erred in law by failing to consider the whole of the evidence, making an unsupported factual finding, failing to undertake a contextualized reasonableness inquiry, and not considering the risk to third parties.
The Court of Appeal dismissed the appeal, finding no overriding error in the trial judge's holistic consideration of evidence and self-defence factors, despite acknowledging a minor factual error that did not materially impact the verdict.
The court reiterated that appellate courts cannot reweigh evidence or hear appeals from unreasonable acquittals.
