The Court of Appeal for Saskatchewan has decided to uphold Dillon Whitehawk’s second-degree murder conviction.
The courts published the 55-page report on October 10, 2025, detailing the evidence and decisions from the provinces highest court.
This case involves two appeals: one by Dillon Ricky Whitehawk against his conviction for second-degree murder and another by the Crown against his acquittal for first-degree murder.
The case centres on the brutal killing of Keesha Bitternose.
Background:
An anonymous tip on an injured person at a residence on Cameron Street was given to the police on January 5, 2020.
When the police arrived, they found Bitternose’s deceased.
Bitternose suffered over 100 injuries, including stab wounds and blunt force trauma.
Three people were later charged with first degree murder.
The trial of Mr. Whitehawk was held in the fall and winter of 2022.
A forensic pathologist, a bloodstain pattern analyst, an expert on Regina street gangs, and a former Indian Mafia member were among the numerous expert witnesses who testified before the judge during the trial about what had happened to Bitternose.
The trial judge convicted Whitehawk of second-degree murder but acquitted him of first-degree murder, finding that the murder was not planned, deliberate, or committed in association with a criminal organization.
The majority upheld the second-degree murder conviction, finding no errors in the trial judge’s reasoning or application of the law.
However, Justice Drennan dissented on the conviction appeal, arguing that the trial judge’s reasons were insufficient and failed to resolve significant credibility issues with key witnesses.
Dillon Whitehawk’s conviction appeal for second-degree murder:
The trial judge’s reasons were sufficient to explain the decision and allow for appellate review.
The trial judge carefully assessed the credibility of key witnesses despite their inconsistencies and backgrounds.
The evidence provided supported the finding that Whitehawk actively participated in the attack on Bitternose, contributing significantly to her death.
The trial judge’s conclusion that Whitehawk had the intent required for murder was reasonable and supported by the evidence, and the judge stated the verdict was not unreasonable.
Crown Appeal for the acquittal of first-degree murder:
The Crown argued that the murder was committed “in association with” the Indian Mafia, a criminal organization.
The trial judge found no connection between the murder and the Indian Mafia, concluding that the killing was personal to A.A. and not gang-related.
The Court of Appeal agreed, finding no error of law in the trial judge’s reasoning.
The Crown’s appeal was dismissed.
A dissenting opinion by Justice Drennan J.A. was expressed, and they argued that the trial judge failed to provide sufficient reasons for the conviction, particularly regarding the credibility of key witnesses.
Justice Drennan would have allowed the conviction appeal, quashed the second-degree murder conviction, and ordered a new trial.
This dissenting view can be used later as persuasive authority to support a change in the law, but it does not become part of the official case law or binding precedent.
The final decisions:
The second-degree murder conviction appeal for Dillon Whitehawk was dismissed with a majority decision of 2-1 with Justice Drennan J.A. dissenting.
The Crown Appeal for the acquittal of first-degree murder was dismissed unanimously.