Her Majesty the Queen v. Anthony Raul Alas
(Ontario) (Criminal) (As of Right)
Criminal law — Defences — Provocation — Air of reality — Whether the majority of the Court of Appeal erred in finding an air of reality to the defence of provocation.
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The respondent was convicted by a jury of second degree murder. At the pre charge conference, both parties had agreed that there was no air of reality to a defence of provocation, and the trial judge ruled that the defence should not be put to the jury. The respondent appealed his conviction, alleging that the trial judge had erred in failing to open the defence of provocation. A majority of the Court of Appeal for Ontario held that provocation should have been put to the jury, set aside the conviction, and ordered a new trial. In dissent, MacPherson J.A. would have upheld the conviction.
Lower Court Rulings
Ontario Superior Court of Justice
Court of Appeal for Ontario
C66058; 2021 ONCA 224
- Date modified: