R. v. Côté, [1993] 3 S.C.R. 639

Philip Joseph Côté Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Côté

File No.: 23067.

1993: October 7.

Present: Lamer C.J. and L'Heureux‑Dubé, Sopinka, McLachlin and Iacobucci JJ.

on appeal from the court of appeal for new brunswick

Criminal law ‑‑ Appeals ‑‑ Powers of court of appeal ‑‑ No substantial wrong or miscarriage of justice ‑‑ Criminal Code, R.S.C., 1985, c. C‑46, s. 686(1)(b)(iii).

Statutes and Regulations Cited

Criminal Code, R.S.C., 1985, c. C‑46, s. 686(1)(b)(iii).

APPEAL from a judgment of the New Brunswick Court of Appeal (1992), 1992 CanLII 4749 (NB CA), 128 N.B.R. (2d) 135, 322 A.P.R. 135, dismissing the accused's appeal from his conviction on a charge of first degree murder. Appeal dismissed, Lamer C.J. and McLachlin J. dissenting in part.

Scott F. Fowler, for the appellant.

John A. Henheffer, for the respondent.

The judgment of the Court was delivered orally by

Lamer C.J. ‑‑ The Court, the Chief Justice and Madam Justice McLachlin dissenting, agrees with the majority below that this is a proper case for applying the proviso of s. 686(1)(b)(iii). The Chief Justice and McLachlin J., agreeing with Mr. Justice Angers' reasons, would, while also dismissing the appeal, enter a conviction for manslaughter and remit the matter to the trial judge for sentencing.

The appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant: Fowler & Fowler, Moncton.

Solicitor for the respondent: John A. Henheffer, Saint John.