Law360 Canada ( October 2, 2025, 9:37 AM EDT) -- Appeal by appellant from conviction for manslaughter, aggravated assault and failing to provide necessaries of life. Nine-month-old Kaleb McKay was found dead in his crib. A jury found the appellant not guilty of second-degree murder but guilty of manslaughter, aggravated assault and failure to provide necessaries of life. On appeal, the appellant raised three issues. First, he argued that the indictment was invalid because it contravened s. 589 of the Criminal Code by having improperly joined counts for other offences, namely aggravated assault and failing to provide necessaries of life, to an indictment charging second-degree murder. Second, in the alternative, he stated that the jury was not properly instructed on the use that could and could not have been made of evidence concerning two classes of injuries: older injuries that were not capable of constituting a significant contributing cause of death and more recent injuries that were capable of constituting a significant contributing cause of death. Third, in the further alternative, he argued that the trial judge erred by instructing the jury that the aggravated assault count could have related to either or both the older injuries or the more recent injuries that were capable of being a significant contributing cause of death. The Crown relied on the exceptions in s. 589 in support of its position that the indictment was valid....