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Criminal law - Evidence - Whether Quebec Court of Appeal erred in law in applying standard of balancing potentially confirmatory evidence against contradictions in testimony of witness Éric Pichette and, in the alternative, in finding imbalance between the two in this case - Whether Quebec Court of Appeal erred in law in finding that jury charge did not meet standard of adequately putting forward defence theory - Whether Quebec Court of Appeal erred in law in concluding that errors of law it had found tainted fairness of trial and thus made curative proviso in s. 686(1)(b)(iii) Cr.C. inapplicable.

The Respondent was charged with first degree murder and breaking and entering contrary to ss. 235 and 348(1)(a) and (e) of the Criminal Code. The victim's murder resulted from an incident that had occurred on a date between January 1 and March 5, 2002 that Pichette, the Crown's main witness, could not specify. On that day, Pichette, De Villers and the victim broke into a warehouse to steal a kilogram of cocaine. They did not find the drug there. In spite of this, De Villers told Pichette on their way back that he was afraid the victim, who had the reputation of being talkative, would not keep quiet. The day before the murder, the three friends spent a large portion of the day celebrating the victim's birthday, and De Villers gave the victim several warnings. Pichette testified that later in the evening, which ended at the home of De Villers, De Villers had slit the victim's throat.