The appellant was convicted of first degree murder following a new trial and sentenced to life imprisonment without parole eligibility for 25 years under transitional provisions.
He appealed the dismissal of his application for habeas corpus, arguing he was sentenced under the wrong law, relying on R. v. Gamble.
The Supreme Court of Canada dismissed the appeal, holding that the detention was lawful under a transitional provision whose constitutionality could not be attacked without a retrospective application of the Charter.
