PROCEDURE - Trial judge’s duties - Charge or directions

Law360 Canada ( December 5, 2025, 11:35 AM EST) -- Appeal by Crown from a judgment of the Ontario Court of Appeal which set aside a conviction for attempted murder and ordered a new trial; appeal by BF from same judgment which upheld her convictions for attempted murder and aggravated assault. BF, her infant daughter E, and her mother IF were found unconscious in their home by a neighbour. They had been injected with large doses of insulin. E suffered permanent damages requiring intensive medical care for the rest of her life while BF and IF fully recovered. BF was found guilty of the attempted murder of IF and E. She was also found guilty of aggravated assault in relation to E. The Court of Appeal dismissed BF’s appeal in relation to E. However, it allowed the conviction appeal in relation to IF and ordered a new trial, concluding that the trial judge’s instructions had wrongly left it open to the jury to convict BF of attempted murder based on acts that could instead constitute the distinct offence of aiding suicide. The Crown sought to restore BF’s conviction for the attempted murder of IF. It argued that the trial judge properly instructed the jury and that there was no air of reality to the theory that BF was aiding IF in a suicide attempt. BF asked the Court to set aside her convictions for the attempted murder and aggravated assault of E and to order a new trial. She argued that the trial judge made various errors when instructing the jury on those offences....

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