Her Majesty the Queen v. Blais Thomas Delaire

(Alberta) (Criminal) (By Leave)


Criminal law - Evidence, Appeals, Standard of review - Criminal law — Evidence — Appeals — Standard of review — Whether statement to police agent admissible for truth of its contents as circumstantial evidence — Whether principles governing circumstantial evidence applicable and, if so, how — Correct standard of review and how it is to be applied — Whether Court of Appeal erred in law by substituting its own view as to a proper ground of appeal without proper notice?.


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Months after a fatal shooting, a police agent recorded conversations in which Mr. Delaire states that he told the shooter not to do the shooting but also that if he did do the shooting, then he should be smart and not just message the victim to meet and then shoot him. Mr. Delaire was charged for abetting the shooting and was convicted of manslaughter with a firearm. The Court of Appeal allowed an appeal and entered an acquittal.