Terry Kirichenko

The three offenders were convicted of manslaughter following a jury trial for the stabbing death of a 22-year-old victim.

The sentencing judge found beyond a reasonable doubt that the offenders were the aggressors who tracked down the victim for revenge after an earlier altercation where the victim had cut the principal offender with a knife.

The court rejected the Crown's argument for an 'aggravated manslaughter' sentence range, finding the earlier provocation mitigated the offenders' moral blameworthiness.

After applying significant credit for pre-trial custody, harsh jail conditions including triple bunking, and strict bail conditions, the principal offender was sentenced to a further 14 months, the second offender to 6.5 months, and the third offender to time served.

The three accused were charged with firearms and drug offences following a vehicle stop.

They brought Charter applications alleging breaches of ss. 8, 9, 10(a), and 10(b).

The Crown argued the stop was a valid dual-purpose stop under the Highway Traffic Act.

The court found the officers' testimony lacked credibility and that the HTA rationale was a pretext for an unlawful criminal investigation.

The court concluded the accused were arbitrarily detained and subjected to unreasonable searches.

Given the seriousness of the breaches and the finding that the officers misled the court, the evidence was excluded under s. 24(2) of the Charter, resulting in acquittals.