Scott F. Fowler

The appellant appealed his conviction for second degree murder to the Supreme Court of Canada as of right.

The Court agreed with the majority of the Court of Appeal for New Brunswick that there was no error in the trial judge's charge to the jury.

The appeal was dismissed.

The appellant appealed his conviction for first degree murder.

The Supreme Court of Canada dismissed the appeal, with the majority agreeing with the court below that it was a proper case to apply the curative proviso under s. 686(1)(b)(iii) of the Criminal Code.

The dissenting justices would have entered a conviction for manslaughter and remitted the matter for sentencing.