← Cases

R. v. Côté

[1993] 3 SCR 639 Court SCC Decision date 1993-10-07 Docket 23067 English

PartiesPhilip Joseph Côté Appellant·Her Majesty The Queen Respondent

Judges Lamer, Antonio; L'Heureux-Dubé, Claire; Sopinka, John; McLachlin, Beverley; Iacobucci, Frank

Decision 4–1 Majority (4) · Lamer C.J. (1)

On appeal from New Brunswick

Subjects Criminal law

Contents

Majority

The judgment of the Court was delivered orally by

Lamer C.J.

Lamer C.J. ‑‑ The Court, the Chief Justice and Madam Justice McLachlin dissenting, agrees with the majority below that this is a proper case for applying the proviso of s. 686(1)(b)(iii). The Chief Justice and McLachlin J., agreeing with Mr. Justice Angers' reasons, would, while also dismissing the appeal, enter a conviction for manslaughter and remit the matter to the trial judge for sentencing.
The appeal is dismissed.
Judgment accordingly.
Solicitors for the appellant: Fowler & Fowler, Moncton.
Solicitor for the respondent: John A. Henheffer, Saint John.

Statutes and regulations cited

  • Unresolved citations
    • s. 686(1)(b)(iii)