In what circumstances will a jury be able to consider whether provocation was a factor in the fatal accident of a defendant's death?
Alberta, Canada
The following excerpt is from R. v. Gee, 1980 ABCA 330 (CanLII):
In England, when a jury holds against an accused on the issue of self-defence, it is open to it to proceed directly to a consideration of provocation. This defence is more limited in Canada, under the test set out in Parnerkar v. The Queen (.1973), 1973 CanLII 149 (SCC), 10 C.C.C.(2d) 253, which held that it was a question of law for the trial judge to determine whether there is evidence to leave to the jury potentially enabling a reasonable jury acting judicially to find a wrongful act or insult. Only where the trial judge makes such a finding may the jury consider whether in fact there was such a wrongful act or insult, and whether the accused was actually deprived of his self-control by the alleged provocation. If so, the provocation reduces culpable homicide that would otherwise be murder to manslaughter.
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