Self defence shooting case before SCC

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Originally Posted by Sam Menard

As Canada doesn’t have “castle doctrine” or “stand your ground” legislation,

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Sorry, yes my I didn't see the spell checker corrected my post. I was referring to 'Castle Doctrine...in which case you can shot a trespasser.

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Originally Posted by grumpygeezer

He could have simply yelled at the guy to get him outa there while calling the police.

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And no questions would have been asked either if he fell while being hauled out of your truck by the scuff of his neck. :)

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Originally Posted by grumpygeezer

Maybe people shouldn`t be taking things that don`t belong to them in the first place. Was the shooting justified? Probably not. He could have simply yelled at the guy to get him outa there while calling the police. He will most likely get some time over this.

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I had this talk with someone about things like this, trying to steal a car is not a reason for the death penalty. If the guy genuinely felt that he was about to be killed then he made his decision and others would also have to make theirs but once you touch that trigger you are responsible for those actions.

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Originally Posted by Fox

I had this talk with someone about things like this, trying to steal a car is not a reason for the death penalty. If the guy genuinely felt that he was about to be killed then he made his decision and others would also have to make theirs but once you touch that trigger you are responsible for those actions.

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Is there evidence the suspect tried to steal the truck?

Khill says that he saw the dashboard light on in his truck but I didn't see any evidence provided for that beyond his statement.

The point is moot though doesn't matter if the truck was being stolen or not, you are not suppose to load up and go confront the suspect.

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Originally Posted by Gilroy

Is there evidence the suspect tried to steal the truck?

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Well that is the statement yes, I am not in the court to see the evidence and nothing either way has been made public.

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Originally Posted by Sam Menard

https://www.cbc.ca/news/canada/hamil...sion-1.6209230

My bet is that the Supreme Court denies the appeal which will result in a re-trial and, ultimately, Mr. Khill’s conviction.

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Thats not how this works. If SCC denies the appeal the case is done and over with.

But thats not what happened, SCC allowed the appeal and ordered a new trial.

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Originally Posted by NJohnson

Thats not how this works. If SCC denies the appeal the case is done and over with.

But thats not what happened, SCC allowed the appeal and ordered a new trial.

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My understanding is that Mr, Khil appealed the SCC to prevent his acquittal from being appealed. If the SCC demies to hear Mr. Khil’s appeal to the Supreme Court then the Crown can go forward and appeal the original conviction.

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Originally Posted by Sam Menard

My understanding is that Mr, Khil appealed the SCC to prevent his acquittal from being appealed. If the SCC demies to hear Mr. Khil’s appeal to the Supreme Court then the Crown can go forward and appeal the original conviction.

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Sorry, but statement "appealed the SCC to prevent his acquittal from being appealed" doesnt make any sense. The case was already appealed at the Court of Appeal.

The Court of Appeal overturned his aquittal. He appealed to the SCC and appeal was allowed with a new trial ordered (although, Im sure thats not what Khill wanted).

If SCC denies the appeal, then a conviction is registered and mr. Khill would be going off to sentencing.

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Originally Posted by NJohnson

Sorry, but statement "appealed the SCC to prevent his acquittal from being appealed" doesnt make any sense. The case was already appealed at the Court of Appeal.

The Court of Appeal overturned his aquittal. He appealed to the SCC and appeal was allowed with a new trial ordered (although, Im sure thats not what Khill wanted).

If SCC denied the appeal, then a conviction is registered and mr. Khill would be going off to sentencing.

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The SCC did deny Khill's appeal. Khill appealed the lower court decision to overturn his conviction and order a new trial. The SCC ratified the lower court decision. The SCC cannot overturn the acquittal and convict Khill. It can only order a new trial.