What is the current state of the law in Canada with respect to the ordinary person?
Canada (Federal), Canada
The following excerpt is from R. v. Thibert, [1996] 1 SCR 37, 1996 CanLII 249 (SCC):
9 In earlier cases, both in England and in Canada, the concept of the ordinary person was very narrowly defined. In Wright v. The Queen, 1969 CanLII 63 (SCC), [1969] S.C.R. 335, Fauteux J. (as he then was) specifically rejected a consideration of the accused's past relationship with the deceased. He stated at p. 340: While the character, background, temperament, idiosyncrasies, or the drunkenness of the accused are matters to be considered in the second branch of the enquiry, they are excluded from the consideration in the first branch. A contrary view would denude of any sense the objective test.
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