Law360 Canada ( October 7, 2022, 2:30 PM EDT) -- Appeal by the Crown from a judgment of the British Columbia Court of Appeal that overturned the accused’s conviction for second degree murder and ordered a new trial. The victim’s body was found by police in a hidden suitcase following a tip from the accused’s brother, who had been informed of the location by the accused. At trial, the Crown sought to adduce hearsay evidence from the brother, who overheard the accused speaking on the phone with his wife. During a voir dire, the brother testified that he could not remember the accused’s exact words during the phone call but that he had admitted killing the victim. The trial admitted the brother’s testimony. During its deliberation, the jury asked the trial judge to expand on the definition of bodily harm. In response, the trial judge read to the jury the definition of bodily harm from the Criminal Code. The jury convicted the accused of second degree murder. The majority of the Court of Appeal allowed the accused’s appeal on the basis that the brother’s testimony was not capable of meaning and therefore not relevant and should not have been admitted....