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The Attorney General of Saskatchewan has filed an application for the Supreme Court of Canada to review the case of Bernie Herman, a former RCMP officer from Prince Albert who was convicted of killing his lover in 2021.
The Crown is asking the Supreme Court to consider whether the Saskatchewan Court of Appeal was wrong to uphold the substitution of a manslaughter conviction for second-degree murder, or, in the alternative, whether a new trial should be ordered.
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Herman was originally charged with first-degree murder of Braden Herman (no relation) following Braden’s death on May 11, 2021.
The trial judge acquitted Bernie of first-degree murder and found him guilty of second-degree murder, but because of the provocation, further reduced the charge to manslaughter. He was sentenced to 11 years in jail.
In April 2026, the Saskatchewan Court of Appeal reduced Herman’s sentence from 11 years to eight years. The appeal court also upheld the trial judge’s rejection of Herman’s self-defence argument.
However, the appeal court found there was an air of reality to the defence of provocation, which allowed the manslaughter conviction to stand.
In its application to the Supreme Court, the Crown argues Braden Herman’s actions did not amount to an assault, attempted assault, threat or other qualifying offence under the Criminal Code to justify the application of provocation.
The Crown also argues that the possibility of a future assault is not enough to trigger the defence of provocation.
A decision on whether the Supreme Court will hear the case is expected later this year.
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