YOUNG PERSONS - Legislation - Youth Criminal Justice Act - Publication bans and confidentiality orders

Law360 Canada (July 15, 2022, 6:05 AM EDT) -- Appeal of appellant from his conviction for manslaughter by criminal negligence on the grounds that the trial judge erred in his causation analysis. KP was tragically shot to death in the appellant’s bedroom located in the basement of his grandmother’s house. The appellant had invited his friends CA, IS and KP over to socialize. The gun that killed KP was a sawed-off shotgun owned by the appellant. On one occasion, CA was playing with the shotgun down his pants and dancing when it accidentally discharged. The appellant was present during this incident and all the boys knew about the incident. On the evening of the shooting, the appellant and his friends were playing with the shotgun. The appellant had left ammunition for the shotgun in plain view on his coffee table. Just prior to the shooting, the appellant went upstairs to get a drink. He left the shotgun in the basement with the other boys. While he was upstairs, he heard a loud noise coming from the basement. When he ran back downstairs, he discovered that KP had been accidentally shot in the chest. The Crown argued regardless of whether appellant was the one who had loaded the gun, he was still guilty of manslaughter by criminal negligence because he had a duty to ensure the firearm was handled and stored safely, and to take precautions for the safety of others in relation to these items. The trial judge found the appellant guilty of manslaughter by criminal negligence....
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