The appellant, an aboriginal offender, was convicted of second degree murder and sentenced to life imprisonment with a 12-year parole ineligibility period.
He appealed his conviction and sentence, arguing that the trial judge erred in dismissing his Charter application for a judge-alone trial without Crown consent, and that the jury instructions regarding extreme intoxication and the standard of proof were flawed.
He also argued the trial judge failed to properly apply Gladue principles in sentencing.
The Court of Appeal dismissed the appeal, finding no errors in the trial judge's rulings on the Charter application, jury instructions, or the application of Gladue principles to the parole ineligibility period.
