Reasons for Judgment — Bastarache J. (Binnie, Fish, Abella and Charron JJ. concurring)
BASTARACHE J. — This appeal comes to us as of right on the question of whether the defence of self-defence under s. 34(1) of the Criminal Code , R.S.C. 1985, c. C-46 , ought to have been put to the jury for its consideration. We agree with the conclusion reached by Wittmann J.A. in his dissenting opinion on this point ((2005), 53 Alta. L.R. (4th) 25, 2005 ABCA 255). Accordingly, the appeal is allowed and a new trial is ordered on the charge of manslaughter.
Cases cited
- 2005 ABCA 255 2005 ABCA 255 ¶ 1