Case information

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Criminal law — Judge’s duties — Charge or instructions — Defences — Automatism — Insanity or mental disorder — Three convictions entered against respondent, one for second degree murder of his brother and two for attempted murder of his parents — Whether trial judge erred in law in not putting to jury defence of mental disorder automatism under s. 16 of Criminal Code — Whether Court of Appeal erred in holding that s. 686(1)(b)(iii) of Criminal Code is necessarily inapplicable where alleged error of law consists of not putting defence having air of reality to jury.

After being charged with the first degree murder of his brother, Ismaël Carrier, and the attempted murder of his parents, Nelson Carrier and Chantal Michaud, the respondent was convicted by a jury of second degree murder and the two counts of attempted murder. On appeal, he argued mainly that the trial judge had erred in law in not putting the defence of mental disorder and the defence of mental disorder automatism to the jury. The Court of Appeal held that the defence of mental disorder automatism, which in its view had an air of reality, should indeed have been put to the jury. However, the Court of Appeal refused to apply the curative proviso in s. 686(1)(b)(iii) of the Criminal Code. It therefore allowed the appeal and ordered a new trial on the same charges.