The Alberta Court of Appeal has upheld the second-degree murder conviction of John Christopher Arrizza, who killed Ethan Enns-Goneau, a beloved Banff native, in August 2022. The ruling, issued Tuesday, rejected arguments that the trial judge failed to properly instruct the jury on factors that could have reduced his intent.
Background of the Case
Arrizza was convicted of stabbing Enns-Goneau, 26, multiple times in the men's washroom and hallway of the Dancing Sasquatch bar in Banff on August 5, 2022. The attack was unprovoked and shocked the mountain community, which mourned the loss of a popular resident. At his sentencing, two dozen victim impact statements highlighted the deep impact of his death.
Appeal Arguments
Appellate lawyer Peter Sankoff argued that Justice Blair Nixon should have provided a "rolled-up charge" to the jury. This instruction would have combined evidence of Arrizza's intoxication, sleep deprivation, mental health issues, and possible fear of the victim to help jurors assess intent. The defence claimed the jury was "ill-equipped and misdirected" without it.
Court's Decision
A three-member panel of the Court of Appeal—Justices Bernette Ho, Anne Kirker, and Willie de Wit—disagreed. While they acknowledged a rolled-up charge could have been given, they found Nixon's instructions were adequate. The trial judge had told the jury to consider alcohol or drug consumption "along with other facts that throw light on his intent." The panel noted that "an accused has a right to a properly instructed jury, not a perfectly instructed jury."
Sentencing
Arrizza was sentenced to life in prison with no parole eligibility for at least 12 years. The appeal court's decision affirms that the jury was correctly guided in reaching their verdict.
