SASKATOON — The Saskatchewan Court of Appeal has rejected Spencer Bird’s self-defence claim in a 2020 stabbing, upholding his aggravated assault conviction and finding his response wasn’t reasonable.
The court ruled Bird’s fear of an intruder was neither credible nor supported by the evidence, concluding he used disproportionate force when he stabbed Paul Ahenakew three times inside a home on Ahtahkakoop Cree Nation in May 2020.
“A reasonable person looking at these circumstances would not perceive that [Ahenakew] presented a threat,” wrote Justice Jeffery D. Kalmakoff in his Jan. 5 decision, in concurrence with Justices Jerome A. Tholl and Keith D. Kilback.
According to court documents, Ahenakew returned to the house after midnight to retrieve a forgotten backpack and entered through an unlocked inner door. Bird testified he believed an unknown intruder had broken in and armed himself with a steak knife.
“While he broke into the home and was certainly trespassing, he exhibited no signs of aggression towards [Bird] and posed no threat,” said Justice Kalmakoff, adding that he wasn’t stealing anything or causing damage.
He said Bird’s choice to stab Ahenakew to force him out was far beyond what the situation required. Bird could have told him they were going to bed and needed him to leave, helped him locate his backpack, or physically guided him to the door.
“A reasonable person would not have stabbed [Ahenakew] to get him to leave the house," said Justice Kalmakoff.
Bird testified that he was awakened to a noise that sounded like someone entering the house. He got dressed and left the bedroom. That’s when he said he saw a person standing in the hallway, but because it was dark, he didn’t recognize the person, so he armed himself with a steak knife. Bird said he told the intruder, “get the [expletive] out of here,” and said, “you didn’t even knock…I would have let you in if you would have knocked.”
Bird’s lawyer argued on appeal that the judge relied on improper assumptions about how a frightened person behaves, but the court found the credibility assessment reflected the circumstances, including Bird’s familiarity with Ahenakew and the absence of threatening behaviour.
Bird’s lawyer also argued the trial judge ignored evidence that Ahenakew later returned and set a small grass fire. The court agreed the fire occurred but said it happened after the stabbing and had no bearing on whether Bird’s initial use of force was reasonable.
Under Canadian law, self-defence applies only when a person believes force is being used or threatened against them and when their response is reasonable. Courts assess both the accused’s actual belief and what a reasonable person would have perceived or done.
