Lamer C.J.
Lamer C.J. ‑‑ The Court, the Chief Justice and Justice Sopinka dissenting, is of the view that based on the totality of the evidence there was no error committed by the trial judge in not leaving with the jury manslaughter as an available verdict. Accordingly the cross‑appeal is allowed, the Chief Justice and Sopinka J. dissenting, and the appeal is dismissed, the order entered by the Court of Appeal is set aside and the conviction entered by the trial court is restored. The Chief Justice and Sopinka J., in dissent, agree with the Court of Appeal on this issue.