R. v. Laporte, [1995] 1 S.C.R. 442

Cameron Robert Laporte Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Laporte

File No.: 24140.

1995: January 27.

Present: Sopinka, Gonthier, McLachlin, Iacobucci and Major JJ.

on appeal from the court of appeal for manitoba

Criminal law ‑‑ Charge to jury ‑‑ Question from jury concerning difference between second degree murder and manslaughter ‑‑ Trial judge not commenting on provocation in answering question ‑‑ No miscarriage of justice resulting from trial judge's answer.

APPEAL from a judgment of the Manitoba Court of Appeal (1994), 1994 CanLII 16622 (MB CA), 89 C.C.C. (3d) 486, 92 Man. R. (2d) 278, 61 W.A.C. 278, dismissing the accused's appeal from his conviction for second degree murder. Appeal dismissed.

Heather Leonoff, Q.C., for the appellant.

Gregory Lawlor, for the respondent.

The judgment of the Court was delivered orally by

1 Sopinka J. ‑‑ Assuming, without deciding, that the trial judge erred in the answer to the question asked by the jury, no substantial miscarriage of justice was occasioned thereby. The appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant: Wolch, Pinx, Tapper, Scurfield, Winnipeg.

Solicitor for the respondent: The Department of Justice, Winnipeg.