Case information

None.

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.

Criminal law – Evidence – Instructions to jury – Argument – Murder – Verdict – Where trial judge gives jurors MacKenzie instruction that standard of proof beyond reasonable doubt applies to particular item of evidence, whether judge errs in failing to identify irrelevant evidence that jurors may not take into account in their deliberations on this matter or to otherwise ensure effectiveness of MacKenzie instruction – Whether Quebec Court of Appeal made multiple errors in relation to evidence of accused’s post offence conduct: in not distinguishing attitude from conduct, in not urging jury to be careful, in not warning jury against circular reasoning noted in R. v. Hall and in not excluding evidence of accused’s alleged fabrication or at least limiting its use – Whether Court of Appeal erred in law in relation to prosecutor’s argument, inter alia in applying R. v. Riopel, in not finding that prosecutor had breached obligation to argue rigorously and objectively and in not adopting rule that serious misconduct by prosecutor creates obligation to immediately and specifically remedy that misconduct – Whether Court of Appeal misunderstood and incorrectly applied test for unreasonable verdict according to R. v. Biniaris and R. v. W.H. and also failed to consider all evidence favourable to defendant in examining reasonableness of verdict.

In November 2009, Mr. Delisle, a retired judge, called emergency services from his residence. He explained to the operator that he had just arrived home and that his 71 year old spouse, Ms. Rainville, had killed herself. He told the operator that there was a revolver beside his spouse, who in 2007 had suffered a stroke that had left her right side paralysed. Following an investigation into the circumstances of the death, the Crown charged Mr. Delisle with first degree murder.