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“The trial judge stated and applied the correct legal principles regarding the requirement that confinement be continuous and be distinct from the act of killing,” a three-member Alberta Court of Appeal panel said.
In arguing Gervais’ appeal before Alberta’s top court, defence counsel Alain Hepner suggested Tilleman erred in finding Gervais and others worked in concert to trap Strasser-Hird in the alley after an altercation occurred outside the front entrance to the bar.
After Strasser-Hird retreated into the nightclub to escape the initial altercation, staff led him out the back entrance to the alleyway.
While most of his attackers circled around to the east and then south to access the alley, Gervais retreated to his parked car to grab a knife and entered the alley from the opposite direction.
You donât want to end up here. The odds arenât good.
This is the intensive care unit at Windsor Regional Hospitalâs Metropolitan campus, and these are critically ill COVID-19 patients.
One-hundred-and-eighteen COVID patients have died at the hospital, most of them since case numbers began surging in November.
âItâs gruelling when you see this, how sad it is,â said critical care physician Dr. Natalie Malus, medical director of the ICU. âItâs a lot to take in over and over and over again. We deal with death a lot. But it feels like weâre seeing so much more of it, and thatâs really difficult.â