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In Regina v. Machekequonabe (28 O.R. 309 [1897]), a Native American was charged with manslaughter for

killing what he took to be an evil sprit clothed in human form, called a "Wendigo," which the defendant believed would eat a human being. The defendant saw what appeared to be a tall human form running in the distance, gave chase, challenged the victim, and then fired. The defense argued that the defendant lacked the "intention even to harm a human being, much less to kill." Was the court correct in refusing to consider the defendant's argument? Do you think a cultural defense could be used in a court today?

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