Mr. Suarez-Noa lost self-control and reacted to the insult on the
sudden before there was time for his passion to cool.
 In arguing that there was no evidentiary basis for the
subjective components of provocation, the Crown points to evidence of Mr. Suarez-Noa’s goal-oriented conduct in the minutes
and hours after the killing, his relatively clear memory of the
events and his initial statement to the police indicating that he
acted in “self-defence”. The Crown argues that this evidence considered cumulatively eliminates any “air of reality” to the provocation defence.
 The parts of the evidence martialed by the Crown could
be, and were, used by the Crown at trial to argue against the
provocation defence. For example, Mr. Suarez-Noa’s initial
statement to the police that he acted in self-defence could certainly give the jury cause to question the veracity of Mr. Suarez-Noa’s description of the events at trial.
 The evidence relied on by the Crown does not, however,
overcome the “air of reality” generated principally by Mr. Suarez-Noa’s testimony. It was for the jury to decide whether to give
effect to that defence having regard to the entirety of the
The Admissibility of Dr. Gojer’s Evidence
Dr. Gojer’s opinions
 The defence proffered the evidence of Dr. Julian Gojer,
a psychiatrist. Dr. Gojer had interviewed Mr. Suarez-Noa for
several hours, reviewed the results of psychological testing, read
the transcript of the preliminary inquiry, and reviewed various
materials relevant to the trial including parts of Mr. Suarez-Noa’s video statement to the police. Dr. Gojer provided defence
counsel with a lengthy report. The parties argued the admissibility of Dr. Gojer’s evidence on the basis of the contents of the
report. The report itself was not admitted into evidence.
 The defence sought to elicit three opinions from Dr. Gojer:
— Mr. Suarez-Noa did not suffer from any major mental
— Dissociation is a medically recognized response to emotionally charged events that can account for a person’s inability
to remember some or all of those events. Mr. Suarez-Noa’s
professed inability to remember all but two of the stab
wounds could be explained by dissociation.