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Criminal law – Defence – Self-defence – Whether Citizen’s Arrest and Self-defence Act, S.C. 2012, c. 9 applies retrospectively – Whether the Court of Appeal erred by holding that the new s. 34 Criminal Code self-defence provision, which was enacted through the Citizen’s Arrest and Self-defence Act, was not to be applied in the applicant's case – Whether the Court of Appeal erred by holding that “still in the system” rule from R. v. Wigman, [1987] 1 S.C.R. 246, was not to be applied in the applicant’s case.

One evening at a pub in Hamilton, there was an altercation which ended with two men dead from knife wounds, and two other men in hospital. The trial judge instructed the jury on self-defence under the old s. 34(2) of the Criminal Code. After a trial by judge and jury, the applicant was convicted of two counts of first degree murder; one count of attempt to commit murder; and one count of aggravated assault. The Court of Appeal held that the Citizen’s Arrest and Self-defence Act does not apply retrospectively to offences that occurred prior to its coming into force. The Court of Appeal also considered the other grounds of appeal and dismissed the applicant’s appeal from conviction.