The accused stabbed and killed the deceased during an altercation.
At trial for second degree murder, the accused claimed self-defence.
The trial judge instructed the jury that the self-defence justification under s. 34(2) of the Criminal Code was not available if the accused was the initial aggressor, reading in the words 'without having provoked the assault' from s. 34(1).
The accused was convicted of manslaughter.
The Court of Appeal ordered a new trial.
The Supreme Court of Canada dismissed the Crown's appeal, holding that s. 34(2) is clear on its face and is available to an initial aggressor.
The Court emphasized that ambiguous penal provisions must be interpreted in the manner most favourable to the accused.