N.B. court rejects appeals of two men in 2022 Saint John murder

New Brunswick's provincial flag flies in Ottawa on Monday July 6, 2020.

The New Brunswick Court of Appeal has rejected the appeals of Donald Robert Walker and Charles William Shatford in separate decisions released Thursday.

On Dec. 18, 2024, the two were convicted of first-degree murder for the 2022 killing of 39-year-old Justin Breau in Saint John. A third man was charged with manslaughter in relation to the killing.

Walker and Shatford faced trial together and were sentenced to life in prison with no chance of parole for 25 years.

Case background

On Aug. 17, 2022, Saint John police responded to a stabbing at Breau’s apartment on Charles Street, he had been released from prison just two days before.

Breau had also been acquitted of the murder of Shatford’s brother during a drug deal, which Breau claimed was self-defence.

Three masked men entered the apartment around 4 p.m. that day and stabbed Breau 13 times in the legs, side, back and chest, according to court documents.

Neighbours in the building reported hearing yelling and crashing from Breau’s apartment, some saw two men coming down the stairs and leaving the building.

One of the slashes punctured Breau’s heart, and he was pronounced dead when he arrived at the Saint John Regional Hospital.

Donald Robert Walker’s appeal

Walker argued the trial judge erred by letting the jury consider certain out-of-court statements from the only eyewitness, Breau’s then girlfriend Megan Ross.

Ross called 911 once the men left and provided a statement around 30 minutes after the attack. According to court documents, she told them Breau was unable to defend himself and she couldn’t identify any of the men attacking him.

She went to the hospital after giving her statement, where she found Breau’s mother among others in the waiting room.

She told Breau’s mother “Donnie Walker” did it, and when a plainclothes officer identified himself, she retracted her statement and said she wasn’t actually sure.

During the murder trial she wouldn’t offer a testimony, only saying she didn’t know or didn’t remember. However, the Crown was able to convict the men based on the evidence they gathered and the police call, testimony, and hospital statement from Ross.

The court’s decision, as delivered by justice Kathleen Ann Quigg, notes: “The trial judge did not err in law or in principle when he determined that excluding Ms. Ross’s 911 call and police statements would impede accurate fact finding.”

In the end, the court decided to dismiss Walker’s appeal.

Charles William Shatford’s appeal

Shatford raised three grounds of appeal, arguing the trial judge erred in his instructions to the jury by failing to link evidence to applicable legal principles and regarding the intent necessary for murder.

He also contends the judge inappropriately limited Shatford’s use of Crown evidence regarding Breau’s violent tendencies.

Shatford argued he stabbed Breau in the heart while defending Walker.

“In my opinion, the trial judge did not err in instructing the jury on defence of person,” writes Quigg. “He linked the applicable legal principles to the evidence. Contrary to Mr. Shatford’s assertions, the trial judge did not inappropriately limit Mr. Shatford’s use pf jointly submitted evidence regarding Mr. Breau’s propensity for violence in support of his defence of person claim.”

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