New trial in gang-related bystander killing

An alleged member of a Winnipeg gang is headed for a second trial in the killing of a 17-year-old innocent bystander in a 2005 shooting.

The Supreme Court of Canada ruled Thursday against Jeffrey Cansanay's request to appeal a lower court decision that ordered he face a new trial.

Cansanay is accused in the death of Phil Haiart in what prosecutors said was a gang-related shooting. Haiart was killed and another man was wounded as they were walking down a street in Winnipeg's West End. The Crown alleged the two were hit as Cansanay was firing at rival gang members.

Cansanay's first trial in 2007 collapsed when rival gang members Gharib Abdullah and Corey Amyotte refused to testify against him and the judge would not admit earlier statements they had made. However, last year the Manitoba Court of Appeal struck down the trial court decision, set aside the acquittal and ordered a new trial.

The Supreme Court decision means that a trial will now go ahead.