E. Nadeau

The appellant appealed the dismissal of his application for certiorari to quash his committal on a charge of first-degree murder.

He conceded there was evidence for second-degree murder but argued there was insufficient evidence of planning and deliberation.

The Court of Appeal dismissed the appeal, finding there was some circumstantial evidence—including animus, threats, preparation, luring to an ambush, and obtaining a gun—capable of supporting the preliminary justice's conclusion that the murder was planned and deliberate.

The appellant appealed the dismissal of his application for certiorari to quash his committal for trial on a charge of first-degree murder.

The appellant conceded there was evidence for second-degree murder but argued there was insufficient evidence of planning and deliberation.

The Court of Appeal dismissed the appeal, finding there was some evidence, including animus, threats, and luring the victim to an ambush, capable of supporting the inference of planning and deliberation.