Case information

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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.

Criminal law - Charge to jury - Second degree murder - Accident - Lesser and included offence of manslaughter - Whether an error in a jury charge that inures to the benefit of the accused by providing for the possibility of an acquittal on an included offence of manslaughter renders a second degree murder conviction unreasonable - Whether the majority of the Court of Appeal erred in concluding that the second degree murder conviction must be overturned - Whether the majority of the Court of Appeal erred in concluding that the curative proviso in s. 686(1)(b)(iii) of the Criminal Code, R.S.C. 1985, c. C-46 is not applicable in this case.

Mr. McKenna was convicted of second degree murder. He and the victim had done some renovations at a residence, and he claimed that he had not been paid by the victim for his work. Mr. McKenna told police that after drinking heavily, he went to the victim’s house armed with a shotgun in order to intimidate the victim and obtain his PIN to withdraw the money owed to him. Mr. McKenna claimed that the victim’s death was an accident. He said that the victim had grabbed the gun’s barrel and had caused the gun to discharge accidentally. Mr. McKenna appealed his conviction, arguing that the trial judge failed to properly explain to the jury the connection between the defence of accident and the intent required for second degree murder. He also argued that the trial judge erred in not explaining to the jury the meaning of manslaughter and the relevant considerations that could have led to a verdict of manslaughter. A majority of the Court of Appeal agreed with Mr. McKenna, set aside the conviction and ordered a new trial. Quigg J.A., dissenting, would have dismissed the appeal.