R v Morrisseau

canada, canadian, case law, court opinion, canlii, mbca, 2026mbca64, 2026 mbca 64 (canlii), 2026, mbca, 64, (canlii), ar25-30-10224, 2026, criminal and statutory offences, appeal, murder conviction, second degree murder, criminal code, s. 229(a), whether conviction should be set aside on appeal, circumstantial and dna evidence, machetes, concealment of body, advanced intoxication rejected as negating intent, conviction appeal dismissed, criminal and statutory offences, defences, third party suspect and self, defence, whether trial judge failed to consider viable defences with an air of reality, unreasonable verdict analysis under criminal code, s. 686(1)(a)(i) and r v rp, third party theory treated as speculative, self, defence not advanced at trial, conviction appeal dismissed, evidence, expert evidence, intoxication and blackout, whether trial judge misapprehended evidence on advanced intoxication, r v daley framework and meaning of “blackout” examined, weight of toxicology opinion limited for lack of factual foundation, r v abbey, no palpable and overriding error found, conviction appeal dismissed, procedure, reasons and legal error, w(d) application, whether trial judge improperly applied r v w(d) by omitting exculpatory evidence, functional review of reasons in context of record and submissions, credibility and reasonable doubt stages considered, including saunders and monaghan, presumption trial judges know the law, r v gf, conviction appeal dismissed, criminal and statutory offences, sentencing, parole ineligibility and fitness, whether life imprisonment without parole eligibility for twelve years was demonstrably unfit, criminal code, s. 718(e) circumstances considered, including residential schools impacts and no criminal record, appellate restraint under r v lacasse, leave to appeal sentence granted, sentence appeal dismissed