James D. Taylor

The respondent was convicted of second degree murder after an accomplice shot and killed a victim they had kidnapped for ransom.

The trial judge instructed the jury on constructive murder under s. 213(a) of the Criminal Code.

The Court of Appeal struck down s. 213(a) based on R. v. Vaillancourt and ordered a new trial.

The Supreme Court of Canada dismissed the Crown's appeal, holding that s. 213(a) violates ss. 7 and 11(d) of the Charter and is not saved by s. 1, for the reasons given in R. v. Martineau.

The Court also declined to apply the curative proviso, as a properly instructed jury would not necessarily have convicted the respondent.

The appellant was convicted of first degree murder under s. 214(5) of the Criminal Code after killing a woman while attempting to commit a sexual assault.

He appealed, challenging the constitutionality of ss. 213(a) and 214(5) under the Charter.

The Supreme Court of Canada held that while s. 213(a) is unconstitutional, s. 214(5) does not violate s. 7 of the Charter as it merely classifies murders for sentencing purposes and is not arbitrary or irrational.

The appeal was dismissed and the conviction upheld.