S. Burden

The accused was charged with first-degree murder, attempted murder, and assault following a shooting in a remote First Nation community that left his father and friend dead.

The Crown conceded first-degree murder could not be proven, and the accused argued his advanced intoxication negated the specific intent for second-degree murder.

The court found that despite his intoxication, the accused's actions and statements demonstrated he had the requisite intent for second-degree murder.

The court also found his actions in searching for the surviving witness with a loaded firearm went beyond mere preparation, resulting in a conviction for attempted murder.

The Crown appealed the accused's acquittal on a charge of driving with excess blood alcohol.

At trial, the judge found that the police officer arbitrarily detained the accused because the officer was looking for a specific green pickup truck, but stopped the accused's red pickup truck and continued the detention even after realizing it was the wrong vehicle.

The trial judge excluded the breath samples under section 24(2) of the Charter.

On appeal, the Crown argued the stop was a valid traffic stop under the Highway Traffic Act.

The Superior Court dismissed the appeal, holding that the trial judge's factual finding that the stop was an investigative detention, not a traffic stop, was supported by the evidence and not an error of law.