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October 14th, 2021, 03:04 PM
#21

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.

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.
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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October 14th, 2021 03:04 PM
# ADS
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October 14th, 2021, 03:35 PM
#22

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
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.
The entire decision is a good review of what happened.
Last edited by Badenoch; October 14th, 2021 at 03:37 PM.
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October 14th, 2021, 04:19 PM
#23

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.
[emoji106][emoji106][emoji106]
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October 14th, 2021, 05:01 PM
#24

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.
Thanks for clearing that up.
A true sportsman counts his achievements in proportion to the effort involved and the fairness of the sport. - S. Pope
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October 15th, 2021, 09:55 AM
#25

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.
Native in truck that is not his in the middle of the night just outside of Res.........Hmmmm.
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October 15th, 2021, 10:55 AM
#26

Originally Posted by
410001661
Native in truck that is not his in the middle of the night just outside of Res.........Hmmmm.
He was just trying to help. Sure he was just replacing burnt out bulb in the dash
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October 15th, 2021, 11:25 AM
#27

Originally Posted by
410001661
Native in truck that is not his in the middle of the night just outside of Res.........Hmmmm.
I don't understand what you mean, could you please elaborate.
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October 15th, 2021, 12:08 PM
#28
I don't see that any of this thread has anything to do with the outdoors or hunting 101.
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October 15th, 2021, 12:37 PM
#29

Originally Posted by
swampsinger
I don't see that any of this thread has anything to do with the outdoors or hunting 101.
You’re right, my mistake, I should have started this thread in the off topic subforum.
A true sportsman counts his achievements in proportion to the effort involved and the fairness of the sport. - S. Pope
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October 15th, 2021, 03:40 PM
#30

Originally Posted by
swampsinger
I don't see that any of this thread has anything to do with the outdoors or hunting 101.
Well maybe "hunting" down and killing a unarmed man.