The appellant and an accomplice committed an armed robbery during which the accomplice shot and killed a client.
The appellant was convicted of second degree murder under the constructive murder provisions of s. 213(d) of the Criminal Code, despite testifying he believed the gun was unloaded.
The Supreme Court of Canada held that s. 213(d) violates sections 7 and 11(d) of the Charter because it allows for a murder conviction without proof beyond a reasonable doubt of at least objective foreseeability of death.
The provision was not saved by section 1, and a new trial was ordered.
