SUPREME COURT OF CANADA

Appeal heard: January 19, 2017 Judgment rendered: January 19, 2017 Docket: 36793

Between:

Tasia M. Natewayes

Appellant

and

Her Majesty The Queen

Respondent

Coram: McLachlin C.J. and Abella, Moldaver, Gascon, Côté, Brown and Rowe JJ.

Reasons for Judgment: (para. 1)

McLachlin C.J. (Abella, Moldaver, Gascon, Côté, Brown and Rowe JJ. concurring)

R. v. Natewayes, 2017 SCC 5, [2017] 1 S.C.R. 91

Tasia M. Natewayes Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Natewayes

2017 SCC 5

File No.: 36793.

2017: January 19.

Present: McLachlin C.J. and Abella, Moldaver, Gascon, Côté, Brown and Rowe JJ.

on appeal from the court of appeal for saskatchewan

Criminal law — Evidence — Assessment — Accused driving group of men to house so they could assault one individual — Fatal stabbing of another individual occurring during home invasion committed by men — Accused charged with manslaughter and breaking and entering with intent to commit indictable offence — Acquittal on manslaughter charge set aside by Court of Appeal and conviction entered — Court of Appeal concluding that it was open to trial judge to find that accused knew home invasion was about to happen — Accused’s conviction for manslaughter upheld.

APPEAL from a judgment of the Saskatchewan Court of Appeal (Richards C.J. and Caldwell and Whitmore JJ.A.), 2015 SKCA 120 , 467 Sask. R. 308, 651 W.A.C. 308, [2015] S.J. No. 612 (QL), 2015 CarswellSask 722 (WL Can.), setting aside the accused’s conviction for breaking and entering with intent to commit an indictable offence and entering a conviction for manslaughter. Appeal dismissed.

Peter A. Abrametz , for the appellant.

W. Dean Sinclair , Q.C. , for the respondent.

The judgment of the Court was delivered orally by

[ 1 ] The Chief Justice — We are all of the view that the appeal should be dismissed for the reasons of Chief Justice Richards in the Court of Appeal.

Judgment accordingly.

Solicitor for the appellant: Peter A. Abrametz Legal Professional Corporation, Prince Albert.

Solicitor for the respondent: Attorney General for Saskatchewan, Regina.