Regina man who admitted to killing his wife gets new trial

The conviction of Jason McKay for a killing described as “brutal and bizarre” in court documents was overturned by the Saskatchewan Court of Appeal on Wednesday and sent back for a new trial.

McKay was convicted in 2020 for the stabbing death of his wife Jenny. She was found dead on their kitchen floor in Sept. 2017, having been stabbed dozens of times before and after her death.

He was found guilty of second-degree murder and sentenced to life in prison with no chance of parole for 17 years.

On Wednesday, the Saskatchewan Court of Appeal overturned that conviction.

In the original trial, McKay didn’t deny killing Jenny but the defence argued that he was in a blackout state from the combination of antidepressants and alcohol he’d consumed that day, and therefore didn’t have the intent required for the charge. It was argued that manslaughter should have been considered.

The original judge didn’t find McKay’s evidence about his blackout compelling and didn’t believe that he actually experienced the “alcohol-induced amnesia”. So, the judge also didn’t take into account evidence from an expert about such amnesia.

The appeals court found that to be an error.

The trial judge also didn’t consider the defence of anger, excitement and instinctive reaction, that McKay was responding to provocation from his wife. The judge explained he didn’t consider it because McKay himself didn’t testify that he was angry or provoked and had, in fact, testified that his and Jenny’s relationship was good.

The appeals court also found that to be an error.

McKay had also appealed his sentence but, given the new trial ordered, that wasn’t considered.