Case information

Criminal law — Evidence — Assessment — Can a Court of Appeal reject a reasonable alternative inference on the basis of the verdict’s reasonableness without first examining whether the trial judge properly considered that inference? — Can a trial Court apply different standards of reliability to witness testimony depending on whether it supports or contradicts the Crown’s theory, without undermining trial fairness and the presumption of innocence? — Can a judge conclude that the accused subjectively foresaw the victim’s death (a constitutional requirement for a conviction of murder) based solely on objective evidence, without any direct or inferential proof of the accused’s actual state of mind?

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.

The applicant is the “queen” of a North Battleford gang. The applicant and others suspected the victim, a member of a rival gang, of concealing information about the murder of the applicant’s great-nephew. The victim was abducted and subjected to prolonged violence which resulted in her death. The applicant was found guilty of the charges of unlawful confinement, first-degree murder, improperly interfering with human remains and theft of a vehicle. The first-degree murder appeal was dismissed.