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
BREAKING Israel attacks Iran, Reuters sources say; drones reported over Isfahan
Israel has attacked Iran, three people familiar with the matter told Reuters, as Iranian state media reported early on Friday that its forces had destroyed drones, days after Iran launched a retaliatory drone strike on Israel.
American millionaire Jonathan Lehrer denied bail after being charged with killing Canadian couple
American millionaire Jonathan Lehrer, one of two men charged in the killings of a Canadian couple in Dominica, has been denied bail.
Nearly half of China's major cities are sinking, researchers say
Nearly half of China's major cities are suffering 'moderate to severe' levels of subsidence, putting millions at risk of flooding especially as sea levels rise.
Prince Harry formally confirms he is now a U.S. resident
Prince Harry, the son of King Charles III and fifth in line to the British throne, has formally confirmed he is now a U.S. resident.
Judge says 'no evidence fully supports' murder case against Umar Zameer as jury starts deliberations
The judge presiding over the trial of a man accused of fatally running over a Toronto police officer is telling jurors the possible verdicts they may reach based on the evidence in the case.
Health Canada to change sperm donor screening rules for men who have sex with men
Health Canada will change its longstanding policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned. The federal health agency has adopted a revised directive removing the ban on gay, bisexual and other men who have sex with men, effective May 8.
Colin Jost names one celebrity who is great at hosting 'Saturday Night Live'
Colin Jost, who co-anchors Saturday Night Live's 'Weekend Update,' revealed who he thinks is one of the best hosts on the show.
Sports columnist apologizes for 'oafish' comments directed at Caitlin Clark. The controversy isn't over
A male columnist has apologized for a cringeworthy moment during former University of Iowa superstar and college basketball's highest scorer Caitlin Clark's first news conference as an Indiana Fever player.
'Shopaholic' author Sophie Kinsella reveals brain cancer diagnosis
Sophie Kinsella, the best-selling author behind the 'Shopaholic' book series, has revealed that she is receiving treatment for brain cancer.