Summary

Keywords

Criminal law — Jury charge — Rhetorical questions — Whether there was an unbalanced jury charge — After-the-fact conduct evidence — Manslaughter (Provocation) — Whether the Court of Appeal erred.

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.

In 2012, the applicant went out with a few friends to an Ottawa nightclub in the Byward Market. While there, they clashed with a group of men. This led to an altercation. The applicant was told to leave the nightclub. Sixteen minutes later, Mr. Niran from the other group left the nightclub alone. The applicant opened the car door, ran towards Mr. Niran, and stabbed him multiple times. Mr. Niran died. After a trial by judge and jury, the applicant was convicted of first degree murder. The Court of Appeal dismissed the conviction appeal, but substituted a conviction for second degree murder.

Lower Court Rulings