Defending Manslaughter Charges - Provocation Reduction

What is the test for provocation?: The test has both objective and subjective elements. The provocation must be sufficient to deprive an ordinary person of self-control, and the accused must have subjectively acted upon it suddenly and in the "heat of passion."

Jurisdiction is the Superior Court of Justice.

The defence will typically run provocation as an alternative to self-defence during a murder trial. Counsel must lay the evidentiary foundation to show the victim's conduct constituted a sudden insult or wrongful act under s. 232(2) and that the accused reacted instantly without time for their passion to cool.

Governed by section 232 of the Criminal Code. Critical case law analyzing the objective "ordinary person" standard and the subjective "heat of passion" element includes R. v. Tran 2010 SCC 58 and R. v. Cairney 2013 SCC 55.

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