R v Bird, 2020 ABQB 594

JudgeHonourable Mr. Justice A. D. Macleod
Citation2020 ABQB 594
CourtCourt of Queen's Bench of Alberta (Canada)
Date13 October 2020
Docket Number150219624Q2
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6 practice notes
  • Table of Cases
    • Canada
    • Annotated Ontario Mental Health Statutes - Fifth edition
    • June 28, 2022
    ...[1980] 1 SCR 1124, 13 C.R. (3d) 129, [1980] S.C.J. No. 33 ............................................................461 R. v. Bird, 2020 ABQB 594 ........................................................................................................................ 542–43 R. v. Charest (......
  • Canadian Charter of Rights and Freedoms
    • Canada
    • Annotated Ontario Mental Health Statutes - Fifth edition
    • June 28, 2022
    ...incarceration conditions, or led to the denial of rehabilitative opportunities. Disability and the Defence of Provocation R. v. Bird , 2020 ABQB 594 — In the context of a second-degree murder trial, the court convicted the Fetal Alcohol Spectrum Disorder (FASD) accused and held that the obj......
  • Engen v Hyundai Auto Canada Corp.,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • September 17, 2021
    ...Departing from my usual practice, as recently as August 31, 2020 (Bruno v. Samson Cree Nation, 2020 ABQB 594), I have decided that, in these Reasons, 20 years after Western v. Dutton 2001 SCC 46 and Hollick v. Toronto (City), 2001 SCC 68, and other subsequent decisions, it is no longer nece......
  • R v Bird,
    • Canada
    • Court of Appeal (Alberta)
    • April 28, 2023
    ...have made it more difficult for him to make a more measured response to being punched in the face. I accept that evidence. R v Bird, 2020 ABQB 594 at para [26]           Then, in addressing the mens rea issue, the trial judge stated at para ......
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4 cases
  • Engen v Hyundai Auto Canada Corp.,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • September 17, 2021
    ...Departing from my usual practice, as recently as August 31, 2020 (Bruno v. Samson Cree Nation, 2020 ABQB 594), I have decided that, in these Reasons, 20 years after Western v. Dutton 2001 SCC 46 and Hollick v. Toronto (City), 2001 SCC 68, and other subsequent decisions, it is no longer nece......
  • R v Bird,
    • Canada
    • Court of Appeal (Alberta)
    • April 28, 2023
    ...have made it more difficult for him to make a more measured response to being punched in the face. I accept that evidence. R v Bird, 2020 ABQB 594 at para [26]           Then, in addressing the mens rea issue, the trial judge stated at para ......
  • R v Bird,
    • Canada
    • Court of Appeal (Alberta)
    • April 28, 2023
    ...have made it more difficult for him to make a more measured response to being punched in the face. I accept that evidence. R v Bird , 2020 ABQB 594 at para 24. 26 Then, in addressing the mens rea issue, the trial judge stated at para 26: It is clear on the evidence that Mr. Bird intended to......
  • R. v. Assi,
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • March 17, 2021
    ...of one's manners or returning a punch to the face. We are talking about provocation in the context of a charge of murder". (R. v. Bird, 2020 ABQB 594 (CanLII) at para. [84] The Crown argues that the objective test should also consider the "ordinary person" to have the same occupation as Mr.......
2 books & journal articles
  • Table of Cases
    • Canada
    • Annotated Ontario Mental Health Statutes - Fifth edition
    • June 28, 2022
    ...[1980] 1 SCR 1124, 13 C.R. (3d) 129, [1980] S.C.J. No. 33 ............................................................461 R. v. Bird, 2020 ABQB 594 ........................................................................................................................ 542–43 R. v. Charest (......
  • Canadian Charter of Rights and Freedoms
    • Canada
    • Annotated Ontario Mental Health Statutes - Fifth edition
    • June 28, 2022
    ...incarceration conditions, or led to the denial of rehabilitative opportunities. Disability and the Defence of Provocation R. v. Bird , 2020 ABQB 594 — In the context of a second-degree murder trial, the court convicted the Fetal Alcohol Spectrum Disorder (FASD) accused and held that the obj......

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