René de la Sablonnière

The appellant, a police officer, shot and killed a fleeing suspect and was charged with manslaughter.

The Crown argued that the appellant's careless use of a firearm contrary to s. 86(2) of the Criminal Code constituted the predicate unlawful act.

The trial judge instructed the jury that a 'criminal state of mind' was required for a conviction under s. 86(2), and the appellant was acquitted.

The Court of Appeal set aside the acquittal and ordered a new trial.

The Supreme Court of Canada dismissed the appeal, holding that the fault requirement under s. 86(2) is an objective standard requiring a marked departure from the standard of care of a reasonable person, and that the trial judge's misdirection necessitated a new trial.

The appellant was charged with second-degree murder and convicted by a jury of the included offence of manslaughter.

The appellant appealed the conviction, but the Crown did not appeal the acquittal for murder.

The Court of Appeal allowed the appeal and ordered a new trial on the original charge of second-degree murder.

The Supreme Court of Canada held that the Court of Appeal exceeded its jurisdiction by ordering a new trial on the murder charge without a Crown appeal.

The appeal was allowed and a new trial was ordered on the charge of manslaughter.