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)