Self defence shooting case before SCC

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Originally Posted by Badenoch

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.

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Originally Posted by Badenoch

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.

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I stand corrected. I should have finished reading the article.
However, SCC did not ratify the lower court's decision. At least, that language is not in the article and I havent seen the transcript. And if they did why would they be ordering a new trial??? They just dismissed the appeal and ordered a new trial.

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Originally Posted by NJohnson

I stand corrected. I should have finished reading the article.
However, SCC did not ratify the lower court's decision. At least, that language is not in the article and I havent seen the transcript. And if they did why would they be ordering a new trial??? They just dismissed the appeal and ordered a new trial.

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By denying the Khill appeal the SCC came to the same decision as the Ontario Court of Appeal which was to overturn the conviction and order a new trial.

The transcript of the Ontario Court of Appeal decision can be found here. I've quoted the relevant part.

https://www.ontariocourts.ca/decisio...20ONCA0151.htm

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I would allow the appeal and order a new trial. I agree with the Crown’s submission that the trial judge failed to instruct the jury to consider Mr. Khill’s conduct during the incident leading up to the shooting of Mr. Styres when assessing the reasonableness of that shooting. I do not agree that the trial judge made the other errors advanced by the Crown.

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The entire decision is a good review of what happened.

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Originally Posted by Badenoch

By denying the Khill appeal the SCC came to the same decision as the Ontario Court of Appeal which was to overturn the conviction and order a new trial.

The transcript of the Ontario Court of Appeal decision can be found here. I've quoted the relevant part.

https://www.ontariocourts.ca/decisio...20ONCA0151.htm



The entire decision is a good review of what happened.

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[emoji106][emoji106][emoji106]

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Quote:

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Originally Posted by Badenoch

By denying the Khill appeal the SCC came to the same decision as the Ontario Court of Appeal which was to overturn the conviction and order a new trial.

The transcript of the Ontario Court of Appeal decision can be found here. I've quoted the relevant part.

https://www.ontariocourts.ca/decisio...20ONCA0151.htm



The entire decision is a good review of what happened.

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Thanks for clearing that up.

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Originally Posted by Fox

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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Native in truck that is not his in the middle of the night just outside of Res.........Hmmmm.

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Originally Posted by 410001661

Native in truck that is not his in the middle of the night just outside of Res.........Hmmmm.

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He was just trying to help. Sure he was just replacing burnt out bulb in the dash :)

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Originally Posted by 410001661

Native in truck that is not his in the middle of the night just outside of Res.........Hmmmm.

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I don't understand what you mean, could you please elaborate.

I don't see that any of this thread has anything to do with the outdoors or hunting 101.

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Originally Posted by swampsinger

I don't see that any of this thread has anything to do with the outdoors or hunting 101.

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You’re right, my mistake, I should have started this thread in the off topic subforum.

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Originally Posted by swampsinger

I don't see that any of this thread has anything to do with the outdoors or hunting 101.

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Well maybe "hunting" down and killing a unarmed man.