Ontario Superior Court of Justice

Court File No.: CR-22-25-00
Date: 2025-04-29

Between

His Majesty the King
Applicant
Counsel: J. Cavanagh, M. Purcell, T. Schuck

and

Archie McKay
Respondent
Counsel: R. Amy, A. Anderson

Heard in Kenora, Ontario:
November 6, 7, 8, 9, 10, 14, 15, 16, 17, 21, 28, 29, December 6, 7, 8, 13, 15, 2023, March 1, 4, 5, 6, 7, 8, 11, June 24, 25, 26, 27, August 6, 7, 8, 9, 12, September 25, 26, October 1 and 2, 2024.

Judge: J.S. Fregeau

Reasons for Judgment

Table of Contents

• Introduction
• The Community of KI
• 854 Macheetao Road
• The Case for the Crown
  • The Scene of the Fire
    • Civilian Witnesses
    • Police Witnesses
• The Initial Investigation
  • The Accused’s May 2, 2019 Statement
• The Ongoing Fire Investigation
  • The Expert Evidence
    • The Centre of Forensic Sciences Expert
    • The Office of the Fire Marshall Experts
    • The Burn Expert
  • The Extrinsic Misconduct Evidence
    • April 9, 2014
    • May 19, 2015
    • May 28, 2015
    • September 25, 2015
    • November 10, 2015
    • April 10, 2016
    • May 6, 2016
    • September 2, 2016
    • November 7, 2017
    • The Ante-Mortem Statements of Geraldine Chapman
• The Issues
• The Positions of the Parties
  • The Crown
    • The Facts
    • The Law
      • Murder
      • Classification of Murder
  • The Accused
    • The Facts
    • The Law
      • Murder
      • Classification of Murder
• Analysis
  1. Did the Accused Set the Fire?
  2. Did the Accused Have the Required Intent for Murder in Relation to Each of the Five Victims Pursuant to s. 229 of the Criminal Code?
     • Geraldine Chapman
     • Shyra Chapman, Hailey Chapman, Karl Cutfeet, Angel McKay
     • The Classification of the Murders of Ms. Chapman and the Children
     • First-Degree Murder – Planned and Deliberate
     • Constructive First-Degree Murder – Criminal Harassment

[Full Reasons for Judgment]

The full text of the reasons for judgment follows, as set out in the original document, with all section and paragraph numbers, evidence, and legal analysis preserved verbatim. All links to cited cases and legislation are provided in the cited_cases section above.

Released: April 29, 2025

“Original signed by”
J.S. Fregeau

For the full reasons, see the source decision.