Supreme Court upholds manslaughter convictions of Calgary men in death of landlord
The manslaughter convictions of two men in the 2016 beating death of their landlord have been upheld by the Supreme Court of Canada.
James Beaver and Brian Lambert, who are both from Calgary, were convicted in 2019 and handed four-year sentences in the death of Sutton Bowers.
Court heard Lambert engaged in a physical confrontation with Bowers after the two argued about expenses, then Beaver joined in.
Bowers suffered fractured thyroid cartilage in his neck and stopped breathing.
Lambert and Beaver's convictions were upheld by the Alberta Court of Appeal, then the Supreme Court of Canada agreed to hear the appeal.
The two men argued their confessions to police were a result of breaches of their Charter rights.
However, in a 5-4 split decision Friday, the top court dismissed the appeal, finding the confessions made by the pair were admissible.
The Supreme Court noted that the police officers who attended the scene after a 911 call breached the Charter rights of both accused by detaining them and taking them into custody without lawful authority.
But when homicide detectives realized the two men had been unlawfully detained, they attempted to make a "fresh start" by advising them of their Charter rights then arrested them for murder.
"When questioned separately, the appellants initially denied any knowledge of how Bowers had died," wrote Justice Mahmud Jamal on behalf of the majority.
"Eventually, however, they both confessed to killing Bowers during a fight, mopping up his blood and dragging his body to the bottom of the stairs to make his death look like an accident.
"At issue at trial was the admissibility of these confessions."
The court found police had "reasonable and probable grounds to arrest the appellants for murder." It ruled the police successfully made a "fresh start" in Lambert's detention, but the same could not be said for Beaver.
"Beaver's confession was thus 'obtained in a manner' that breached the Charter. It is therefore necessary to consider whether it should be excluded," said Jamal, referring to a section of the Charter that precludes improperly obtained evidence from being admitted when it affects the fairness of a trial.
The court found Beaver's decision to confess wasn't caused by the Charter breaches and he knew why he was being detained.
"This evidence is crucial to the prosecution's case against an offender who allegedly killed another person and then tried to obstruct the police investigation," Jamal wrote.
"I conclude that admitting Beaver's confession would not bring the administration of justice into disrepute."
This report by The Canadian Press was first published Dec. 9, 2022.
CTVNews.ca Top Stories
Widow looking for answers after Quebec man dies in Texas Ironman competition
The widow of a Quebec man who died competing in an Ironman competition is looking for answers.
Tom Mulcair: Park littered with trash after 'pilot project' is perfect symbol of Trudeau governance
Former NDP leader Tom Mulcair says that what's happening now in a trash-littered federal park in Quebec is a perfect metaphor for how the Trudeau government runs things.
World seeing near breakdown of international law amid wars in Gaza and Ukraine, Amnesty says
The world is seeing a near breakdown of international law amid flagrant rule-breaking in Gaza and Ukraine, multiplying armed conflicts, the rise of authoritarianism and huge rights violations in Sudan, Ethiopia and Myanmar, Amnesty International warned Wednesday as it published its annual report.
Photographer alleges he was forced to watch Megan Thee Stallion have sex and was unfairly fired
A photographer who worked for Megan Thee Stallion said in a lawsuit filed Tuesday that he was forced to watch her have sex, was unfairly fired soon after and was abused as her employee.
Amid concerns over 'collateral damage' Trudeau, Freeland defend capital gains tax change
Facing pushback from physicians and businesspeople over the coming increase to the capital gains inclusion rate, Prime Minister Justin Trudeau and his deputy Chrystia Freeland are standing by their plan to target Canada's highest earners.
U.S. Senate passes bill forcing TikTok's parent company to sell or face ban, sends to Biden for signature
The Senate passed legislation Tuesday that would force TikTok's China-based parent company to sell the social media platform under the threat of a ban, a contentious move by U.S. lawmakers that's expected to face legal challenges.
Wildfire southwest of Peace River spurs evacuation order
People living near a wildfire burning about 15 kilometres southwest of Peace River are being told to evacuate their homes.
U.S. Senate overwhelmingly passes aid for Ukraine, Israel and Taiwan with big bipartisan vote
The U.S. Senate has passed US$95 billion in war aid to Ukraine, Israel and Taiwan, sending the legislation to President Joe Biden after months of delays and contentious debate over how involved the United States should be in foreign wars.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.