Reasons for judgment — Major J. (Bastarache, Binnie, Deschamps, Abella and Charron JJ. concurring)
Major J. — We agree that the majority of the Alberta Court of Appeal was correct in finding no air of reality supporting the objective components of the test for the defence of provocation.
The appeal is dismissed.
The following are the reasons delivered by
Dissenting reasons — Fish J.
Fish J. (dissenting) — However weak the evidence of provocation may have appeared to the majority in the Court of Appeal, or appears to us in this Court, I agree with Conrad J.A., dissenting, that a reasonable jury, properly instructed, could have been left with a reasonable doubt on that issue. The defence of provocation should therefore have been left to the jury.
With respect for those who see the matter differently, I would allow the appeal on this ground alone and order a new trial.