The appellant was convicted of second degree murder under the constructive murder provisions of the Criminal Code, which were subsequently struck down as unconstitutional.
After exhausting his appeals, the appellant applied for a writ of habeas corpus, arguing his continued detention violated the Charter.
The Supreme Court of Canada dismissed the appeal, holding that habeas corpus cannot be used as a collateral attack on a conviction by a superior court once the accused is no longer in the judicial system, and that the doctrine of res judicata applies.
