Brandon Harder, Regina Leader-Post
The Crown is hoping Canada’s highest court will take another look at the case of a former Prince Albert RCMP officer who fatally shot his lover.
Bernie Herman was originally charged with first-degree murder in the May 11, 2021 shooting of 26-year-old Braden Herman.
While the two shared the same last name, they were not related.
In January of 2024, a Saskatchewan judge found the accused man guilty of manslaughter. In June of that year, he received an 11-year prison sentence, less credit for time served on remand.
A three-judge panel from the Saskatchewan Court of Appeal subsequently dismissed Crown and defence appeals pertaining to the conviction for manslaughter. But that court’s decision on April 30, 2026 reduced the convicted man’s sentence to eight years, less credit for time served on remand.
Now, the Crown has filed what’s called a notice of application for leave to appeal to the Supreme Court of Canada (SCC).
Essentially, this is an official way of asking for that court’s permission to appeal at the SCC level. It is not yet clear whether — or when — the Supreme Court will give that permission.
The materials filed by the Crown, dated June 29, indicate the appeal is being sought on grounds of public importance, raising questions about the issue of the defence of provocation in murder cases.
In the case at hand, the trial judge found that the convicted man was provoked by the victim, resulting in a manslaughter conviction for what would otherwise have been considered second-degree murder.
Under the Criminal Code, conduct of a victim can be considered provocation if it would constitute a crime punishable by five or more years in prison and is of a nature that would “deprive an ordinary person of the power of self-control.”
— with files from Michael Joel-Hansen
