During a trial for first-degree murder, the Crown sought to leave forcible confinement murder under s. 231(5)(e) of the Criminal Code with the jury as a route to liability.
The accused admitted to shooting the victim but claimed it was an accident.
The court applied the air of reality test and found that, based on the primary facts and circumstantial evidence, a properly instructed jury could reasonably infer that the accused forcibly confined the victim by moving him from the front seat to the back seat of his car at gunpoint before shooting him.
The court ruled that this route of liability would be left with the jury.
