Cape Breton man sentenced to two years for manslaughter in death of best friend

The Nova Scotia Court of Appeal and Supreme Court is pictured. (Callum Smith/CTV News Atlantic)

Jason Caines, 51, pleaded guilty to manslaughter in the accidental killing of his best friend, Keith McMullen, after a night out in May 2024.

The Supreme Court of Nova Scotia heard his plea in April and sentenced him to a period of two years in jail on Tuesday.

“The death of Keith McMullen was a tragedy. Mr. Caines pushed his best friend too hard, sending Mr. McMullen to the ground where he hit his head and died from a brain injury,” reads Justice Patrick J. Duncan’s decision.

On May 10, 2024, Cape Breton Regional Police were dispatched to the Royal Canadian Legion on State Street in Sydney, N.S., according to court documents.

When they arrived, officers reportedly saw McMullen unconscious on the ground with a woman holding his head and a paramedic attending to him.

McMullen, who was friends with Caines and engaged to his sister, Shirley Caines, was badly bleeding from his head.

The three of them had attended the venue together, drank alcohol, and McMullen became intoxicated, according to court documents.

At that point, McMullen showed signs of anger, pushing chairs, which some witnesses attributed to jealousy over his fiancée speaking to another man.

Surveillance video showed McMullen walking outside to have a cigarette when Caines approached him and pushed him with both hands.

“McMullen fell backwards, struck the pavement with his head, and his body went limp,” reads the court’s statement of facts.

A doctor would later inform police that McMullen had a front brain bleed and rear skull fracture, confirmed by a CT scan.

One witness reported seeing McMullen on the ground outside and a man saying, “I didn’t hit him… I just pushed him, and he fell.”

He was transported to Cape Breton Regional Hospital, and Caines was waiting there to see him, as reported by police.

It was there Caines was arrested on charges of aggravated assault. That charge was upgraded to manslaughter after McMullen’s death.

The court notes it’s apparent the crime was not premeditated and Caines has shown sincere remorse. It also notes Caines accepted responsibility for his actions, has no relevant criminal record, and has a “a long-standing record of demonstrating good character in his personal life, his work life and among his friends and community at large.”

In his decision, Duncan said Caines has not been a violent person and is unlikely to reoffend.

The Crown and defence jointly recommended the two-year sentence, which Duncan accepted.

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