Case information

Criminal law — Jury — Charge to jury — How should trial courts address pernicious myths in jury instructions — How should appeal courts address failure to give specific anti-bias instructions?<br>

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.

Mr. Necan violently beat a man to death and was tried before a jury on a charge of second degree murder. The only issue at trial was whether his extreme intoxication at the time of the offence raised a reasonable doubt as to whether the Crown proved intention for murder. At a pre-charge conference, defence counsel requested that the charge in part state that Mr. Necan is a First Nations man when directing on bias, prejudice or partiality. The instruction on judging the evidence without bias, prejudice or partiality did not state that Mr. Necan is a First Nations man. The jury found Mr. Necan guilty of second degree murder. The Court of Appeal dismissed an appeal from the conviction. In part it dismissed argument that the jury charge on bias and prejudice did not adequately address the potential influence of harmful stereotypical assumptions about Indigenous people and alcohol, specifically a “firewater myth” that Indigenous people are constitutionally incapable of moderation when it comes to alcohol and once intoxicated become inordinately violent.