Cases

SCC Case Information

Summary

32912

Michael Erin Briscoe v. Her Majesty the Queen

(Alberta) (Criminal) (By Leave)

(Publication ban in case)

Keywords

Criminal Law.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.

Charter of Rights - Criminal law - Fundamental justice - Offences - Elements of offence - Murder - Kidnapping - Wilful blindness - Party to offence - Whether wilful blindness can satisfy part or all of the mens rea required to convict an accused of the offence of murder when it is alleged that he is a party to this offence under s. 21(1)(b) of the Criminal Code - If wilful blindness is sufficient mens rea to convict an accused of murder when it is alleged that he is a party under s. 21(1)(b) of the Criminal Code then is there sufficient mens rea for this offence to comply with s. 7 of the Canadian Charter of Rights and Freedoms? - Whether wilful blindness can satisfy part or all of the mens rea required to convict an accused of kidnapping when it is alleged that he or she is a party to this offence under s. 21(1)(b) of the Criminal Code - Canadian Charter of Rights and Freedoms, s. 7 - Criminal Code, s. 21(1)(b).

On April 3rd, 2005, a 13-year-old girl was lured to a deserted golf course where she was raped and murdered. Five people were charged for their involvement. Two females and one male were under the age of 18. Another male, Joseph Laboucan, was 19 years old and the Appellant was 34 years old. The trial judge found Laboucan guilty of first degree murder, kidnapping and aggravated sexual assault. The Appellant was acquitted on those charges. The trial judge found that although he had aided Laboucan and the others, he did not have the requisite intent for the offences. The appeal was allowed, the acquittal overturned and the case returned for retrial.