R. Kenny

The offender was found guilty of manslaughter by a jury after stabbing the victim multiple times during a physical altercation over drugs.

The court weighed aggravating factors, including the use of a knife and the drug context, against mitigating factors such as the offender's youth, remorse, and harsh pre-sentence custody conditions.

The court imposed a sentence of 6 years and 9 months before credit, reducing it by 3 months for the collateral consequences of the COVID-19 pandemic, and granted enhanced credit for time spent in lockdown.

The applicant, charged with second-degree murder, brought an application challenging the constitutionality of the recent Criminal Code amendments that abolished peremptory challenges during jury selection.

The applicant relied on a recent decision by a judge of coordinate jurisdiction that found the amendments unconstitutional.

The court held that it was not bound by the prior decision and found it to be plainly wrong.

The court concluded that the elimination of peremptory challenges does not violate the right to a fair trial, an impartial jury, or the principles of fundamental justice, as other safeguards such as challenge for cause and the enhanced stand-aside power remain in place.

The application was dismissed and the legislation was upheld as constitutional.

Following a jury verdict finding the applicant guilty of manslaughter, the applicant brought a motion seeking the trial judge's recusal from the sentencing hearing, alleging a reasonable apprehension of bias.

The applicant cited several incidents, including the judge's post-verdict comments to the deceased's family, accepting doughnuts brought by the family, and various procedural rulings and expressions of frustration.

The court dismissed the application, finding that a fully informed reasonable person would not apprehend bias from any of the isolated incidents or their cumulative effect, noting that the presumption of judicial impartiality had not been displaced.