The appellant, a police officer, shot and killed a fleeing suspect and was charged with manslaughter.
The Crown argued that the appellant's careless use of a firearm contrary to s. 86(2) of the Criminal Code constituted the predicate unlawful act.
The trial judge instructed the jury that a 'criminal state of mind' was required for a conviction under s. 86(2), and the appellant was acquitted.
The Court of Appeal set aside the acquittal and ordered a new trial.
The Supreme Court of Canada dismissed the appeal, holding that the fault requirement under s. 86(2) is an objective standard requiring a marked departure from the standard of care of a reasonable person, and that the trial judge's misdirection necessitated a new trial.
