Summary

Keywords

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?.

Summary

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.

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.