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R. v. Chizanga

2025 SCC 9 Court SCC Decision date 2025-03-24 Heard 2025-03-24 Docket 41370, 41405 English

Judges Rowe, Malcolm; Martin, Sheilah; Jamal, Mahmud; O’Bonsawin, Michelle; Moreau, Mary

Decision 3–2 Majority (3) — Martin, Jamal and O’Bonsawin JJ. · Dissent (2) — Rowe and Moreau JJ.

On appeal from Ontario

Subjects Criminal law

Contents

Rowe J. — These are appeals as of right from the Court of Appeal for Ontario. The appellants were convicted by a jury of second degree murder. They appealed their convictions. Justices Sossin and Monahan, for the majority, dismissed the appeals and affirmed the convictions. Madam Justice van Rensburg was dissenting. She would have ordered new trials.

Before this Court, as before the Court of Appeal, the appellants submit that the trial judge erred by admitting, as prior discreditable conduct evidence, a surveillance video of the appellants at a motel with a firearm. The appellants further submit that the trial judge erred in his instructions to the jury as to the proper use of this evidence.

A majority of this Court would dismiss the appeals, substantially for the reasons of the majority of the Court of Appeal. Justice Moreau and I would have allowed the appeals, substantially for the reasons of Madam Justice van Rensburg. Accordingly, the appeals are dismissed and the convictions of the appellants are affirmed.