The public should not be concerned that Thompson’s ruling will “open the floodgates to unwarranted provocation claims.”
A B.C. Supreme Court judge has ruled that a 2015 criminal code change limiting when an accused killer can use the defence of provocation is unconstitutional.
Thompson said the objective of the 2015 change may have been to protect vulnerable women by ensuring that those who might attack them would not be allowed to argue provocation after the fact. Thompson accepted Nathanson’s Charter arguments about the law, while still convicting Simard of second-degree murder for the fatal shooting of his former girlfriend and her boyfriend in Courtenay in 2016.
“The court found that the purpose of the law was to protect vulnerable women. Clearly this an important and appropriate goal. However, the court also found that in certain situations the law would deny the defence of provocation to women who killed in the context of serious domestic violence,” Nathanson said. “In this way, a law designed to protect vulnerable women would deny them an important defence. This is counter-intuitive and unfair.
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