Law360 Canada ( June 6, 2022, 9:28 AM EDT) -- Appeal by Ouellette from his convictions for first degree and second degree murder. Appeal by Delaire from his conviction for manslaughter. Ouellette’s convictions related to the shooting deaths of Reitberger and Amr in a Superstore parking lot in Calgary on May 21, 2017. Delaire was convicted of manslaughter for abetting Ouellette to shoot Reitberger. The focus of the trial against Ouellette was the identity of the shooter. In closing argument, counsel for Ouellette conceded that Ouellette bought the murder weapon, ammunition, and the stolen getaway car and then burned them at a rural location following the murder. However, Ouellette maintained that he was not the shooter. The trial judge was convinced beyond a reasonable doubt that Ouellette was the shooter and that he intended to kill both victims when he discharged multiple rounds into the bodies of each. Alternatively, the trial judge found that Ouellette intended to cause each victim serious bodily harm, which he knew was likely to cause their deaths, and was reckless as to whether death ensued. The trial judge held that Ouellette was guilty of the first degree murder of Reitberger since it was planned and deliberate. However, Ouellette was convicted of the second degree murder of Amr because no planning and deliberation was established. The focus of the trial against Delaire was whether he was a party, as either aider or abettor, to Ouellette's offences for assisting Ouellette by obtaining a handgun and for providing words of encouragement to Ouellette in advance of the shooting. The basis of Delaire’s conviction for manslaughter was recorded conversations between Delaire and a police agent, made several months after the shooting, regarding conversations Delaire allegedly had with Ouellette before the shooting. The trial judge found that by offering words of encouragement, Delaire did so with the intention of abetting Ouellette in the intentional shooting of Reitberger. Delaire was acquitted of being a party in the shooting death of Amr because the trial judge was unable to find on the facts that Delaire’s unlawful encouragement of an inherently dangerous act carried a foreseeable consequence that someone other than Reitberger might be harmed. Ouellette and Delaire raised several grounds of appeal....