Case information

Criminal law — Offence — Elements of Offence — Whether the “specific intent to kill” for the offence of attempted murder can be inferred from the discharge of any firearm in relatively close range, even if evidence is adduced at trial to demonstrate that doing so only creates a risk of injury and damage, and there is no evidence that death is a natural and probable consequence of the act — If so, whether there is a distinction in the mens rea attaching to the offences of attempted murder, discharging a firearm with intent to wound, and aggravated assault with a firearm.

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Mr. Aleekuk was convicted of attempted murder, discharging a firearm with intent to wound, and aggravated assault. Mr. Tyler was sitting in his pickup truck, on the driver’s side, outside a bar in Inuvik when a person walked up beside him and fired two shots at close range. The shots were fired through the window, at the same height where the driver’s head would typically be located. Mr. Tyler was injured. Witnesses identified the shooter as Mr. Aleekuk. At trial, the issue was whether the Crown had proved the identity of the shooter and the intent for each of the charges.

The Territorial Court of the Northwest Territories recognized that the shot that was in the shells was not the heaviest and was a type used for killing rabbits or birds, but was satisfied that Mr. Aleekuk fired the shot with the intention to kill given the short range, the fact that the shot was aimed at Mr. Tyler’s head, and the fact that two shots were fired. The trial judge stated that he could find no rational or reasonable conclusion other than that Mr. Aleekuk was shooting to kill. Mr. Aleekuk appealed, arguing in part that the trial judge erred in determining without sufficient basis that the shooting created a risk to human life. The Court of Appeal for the Northwest Territories unanimously dismissed the conviction appeal and conditionally stayed the aggravated assault conviction.