PROCEDURE — Jury — Trial judge’s duties — Charge or directions

Law360 Canada (May 17, 2024, 1:28 PM EDT) -- Appeals by appellants from a judgment of the Ontario Court of Appeal which upheld their convictions for manslaughter. Triolo was convicted of second-degree murder for the fatal stabbing of Khalid during a fight. The appellants, who participated along with Triolo in the fight in which Khalid was killed, were charged with manslaughter. At trial, the Crown advanced two theories of party liability for manslaughter: as co-principals and as aiders. In his instructions to the jury, the trial judge directed jurors that the appellants could be found guilty of manslaughter either as co-perpetrators or for aiding in the attack. Both appellants were convicted of manslaughter. They appealed on the ground, among others, that the trial judge had erred in his instruction on the law of causation. The majority of the Court of Appeal found that the trial judge made no error in the causation instruction and dismissed the appeals. The appeals now before the Court were concerned only with the Crown’s theory of liability under s. 21(1)(a) of the Criminal Code (Cr. C.). The appellants argued that the trial judge misdirected the jury in his instructions on causation in the context of co-principal liability and in his response to a question from the jury seeking further clarification on causation....

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