Prosecutors seek review of ruling that could undermine Mississauga man’s murder charges

Prosecutors are asking the Supreme Court of Canada to urgently review a recent ruling that could undermine murder charges against a Mississauga man accused of selling a lethal substance online to people at risk of self-harm.

Kenneth Law, 58, faces 14 counts each of first-degree murder and aiding suicide for allegedly selling poison online to people who later took their own lives with his products. His lawyer has said he will plead not guilty at trial, currently expected to go ahead in September 2025.

In a passage about Law’s case, lawyers writing for the Attorney General for Ontario say the issues raised in their application to the Supreme Court are, “potentially determinative of one of the largest murder cases ever charged in the province of Ontario.”

The application, filed earlier this month, cites Law’s looming trial as a reason for the Supreme Court to consider an expedited review of a separate ruling handed down in June by the Ontario Court of Appeal.

That ruling suggests a person may only be liable for murder if they both provided a person who committed suicide with the lethal substance but also “overbore the victim’s freewill in choosing suicide.”

In their application, Crown lawyers argue that standard, which they contend shifts focus onto the victim’s intent from the accused’s actions, may make it practically “impossible” to prosecute cases where the victim dies, since their intent may be unknowable.

Matthew Gourlay, a lawyer for Law, says the Court of Appeal’s decision confirms that the prosecution of his client is, “not legally viable,” because it doesn’t respect the distinction between homicide and assisting suicide.

— This report by The Canadian Press was first published Sept. 26, 2024. (Jordan Omstead, The Canadian Press)