Michael John Cairney v. Her Majesty the Queen (April 26, 2013)
Case # 34848
The appellant shot and killed his long-time friend Stephan Ferguson. The defence of provocation was left with the jury. The appellant was acquitted of second degree murder and convicted of manslaughter. The Crown appealed the acquittal, arguing that there was no air of reality to the defence of provocation. The Court of Appeal agreed, allowed the appeal and ordered a new trial.