Law360 Canada ( September 18, 2026, 9:36 AM EDT) -- Appeal by appellant from his conviction for second-degree murder. The appellant was convicted of the killing of Wapoose, who was beaten and stabbed to death. The key evidence at trial came from Zoccole and Shawanamash-Ignace. Zoccole testified that he, the appellant and ZML encountered Wapoose, that the appellant struck Wapoose with a pole, and that the appellant and ZML punched and kicked him before dragging him into a ditch. Zoccole did not witness a stabbing. Shawanamash-Ignace testified that the appellant made admissions to her regarding the assault and stabbing. The appellant did not testify and relied on a police statement in which he denied being in the park. At trial, the Crown’s position was that the appellant could not be found guilty of second-degree murder unless the Crown proved that he stabbed Wapoose in the neck, and that Shawanamash-Ignace’s evidence was required to establish that fact. In the alternative, the Crown submitted that Zoccole’s evidence could support a conviction for manslaughter. After closing submissions, the trial judge requested further submissions concerning co-principal liability. Defence counsel responded on the understanding that the discussion related to manslaughter. In his reasons, the trial judge rejected Shawanamash-Ignace’s evidence, accepted portions of Zoccole’s evidence, found that either the appellant or ZML inflicted the fatal stab wound during the assault, and concluded that the appellant was guilty of second-degree murder as a co-principal. On appeal, the appellant argued that he was found guilty on a theory of liability for which he was not given sufficient notice and that the trial judge failed to apply the principles in R. v. W.(D.)....