
This article was last updated on April 16, 2022
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The Supreme Court of Canada has announced the ruling of an extremely complex case on Friday, declaring to revoke the acquittal of a Nova Scotia woman, who attempted to appoint an assassin to kill her abusive husband, while also adding that the suspect shall be freed from anymore trial. The one of its kind ruling acknowledged that it will be unjustified to put the suspect through another trial, implying that she is free from any further proceedings of the case.
The highest court of Canada gave a unanimous decision, asserting that the it does not entertains suspect’s claim that her actions were a result of complete duress. The court ruling clarified that defence of duress is only obtainable “when a person commits an offence while under compulsion of a threat made for the purpose of compelling him or her to commit it.” Additionally, the ruling read, “she wanted her husband dead because he was threatening to kill her and her daughter, not because she was being threatened for the purpose of compelling her to have him killed.”
Having said that, the court acknowledged the uncertainty enclosed in the law of duress, hence it agreed with a 8-1 majority vote to issue a stay of proceedings, implying that the woman will not need to go through another trial. The ruling said that because of “the abuse she suffered and the protracted nature of these proceeding have taken an enormous toll on her.” The lone dissenter in the panel, Justice Morris Fish, was of the opinion that Crown shall be deciding whether or not to hold a new trial.
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