Case information

Criminal law — Trial — Jury trial — Order for new trial — Whether Quebec Court of Appeal erred in finding that since preliminary inquiry judge ordered accused to stand trial on charge of first degree murder and trial judge granted directed verdict of acquittal on charge of first degree murder, fact that [TRANSLATION] “two judges drew different conclusions undoubtedly shows that it was up to the jury to determine whether the evidence established that the co accused were guilty of the offence of first degree murder” — Whether Quebec Court of Appeal erred in broadening too significantly criteria established in R. v. Calnen, 2019 SCC 6, by ultimately finding that evidence of continued friendship after events can be probative of intent required for first degree murder — Whether Quebec Court of Appeal erred in providing no reason for dismissal of Mr. St Jean’s appeal despite fact that it relied on arguments different from that of Crown — Whether Quebec Court of Appeal erred in ordering new trial by finding that criteria in R. v. Hodgson, 2024 SCC 25, were met simply because, given that instructions would have to be different at new trial, it necessarily followed that outcome might also be different.

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.

This is a criminal case where charges of first degree murder were laid against the applicant and one other individual. Circumstantial evidence was presented by the Crown. That evidence gave details of the actions of the two co-accused before, during and after a victim was found, fatally wounded by a projectile from a firearm, in her apartment block. There was no direct evidence of identification.

The trial took place before a jury. On two separate preliminary motions, the Superior Court judge allowed the admission of evidence of a post on Facebook against Mr. St Jean and acquitted the two co accused of first degree murder. He ordered the continuation of the trial on the counts of second degree murder. The co accused were convicted of manslaughter at the conclusion of the trial.

The Court of Appeal found that the Superior Court judge had committed two errors: (1) he had made too extensive of an assessment of the evidence, and, in doing so, he had usurped the function of the jury; and (2) he had improperly assessed the inferences that could be drawn from the after the fact conduct of the two co accused. Consequently, the Court of Appeal ordered a new trial on a charge of first degree murder for the two co accused.