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Supreme Court of Canada

Criminal law—Murder—Defence of provocation—Trial judge correct in refusing to leave provocation to jury—Criminal Code, R.S.C. 1970, c. C-34, s. 215.

APPEAL from a judgment of the Court of Appeal for Saskatchewan[1] dismissing an appeal by the accused from his conviction for non-capital murder contrary to s. 218(2)  of the Criminal Code . Appeal dismissed.

B.A. Crane, Q.C., for the appellant.

S. Kujawa, Q.C., for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We do not need to hear you Mr. Kujawa. We agree with Chief Justice Culliton that the trial judge did not err in refusing to leave provocation to the jury. The appeal is accordingly dismissed.

Judgment accordingly.

Solicitors for the appellant: Harradence, Longworth, Serris & Zatlyn, Prince Albert.

Solicitor for the respondent: K.W. MacKay, Regina.


[1] [1975] 6 W.W.R.289.





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