Case information

Criminal law — Charge to jury — Miscarriage of justice — Offences — Included offences — Second degree murder — Manslaughter — Whether the majority of the Court of Appeal erred in law in finding that the trial judge’s failure to put second degree murder and manslaughter to the jury for the co-accused resulted in a miscarriage of justice against the respondent accused.<br><br>

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The respondent, Richard Doxtator, along with his co-accused Jasmine Doxtator, were both convicted of first degree murder by a judge sitting with a jury.

Before the Ontario Court of Appeal, they appealed their convictions and requested a new trial. They submitted that the trial judge erred in failing to leave for the jury’s consideration for Jasmine Doxtator, the included offences of second degree murder and manslaughter. If a new trial was ordered for Ms. Doxtator, they submitted that the respondent should also have one as their cases are intertwined. A majority at the Court of Appeal agreed that the included offences should have been left with the jury for Ms. Doxtator and ordered a new trial for both accused. The majority concluded that the failure to leave second degree murder and manslaughter for Ms. Doxtator narrowed the instructions for the respondent and weakened his position that he was not guilty of first degree murder. As a result, it could not be said the verdict for the respondent would have been the same.

MacPherson J.A. agreed with the majority regarding the disposition of Ms. Doxtator’s appeal, but would have dismissed the respondent’s appeal. She disagreed that the failure to put second degree murder and manslaughter to the jury for Ms. Doxtator negatively impacted the respondent’s charge.