Michael Caroline

The accused Dhillon ordered the kidnapping of the victim over a suspected drug debt.

The victim was bound, beaten, and confined in Dhillon's garage, where he subsequently died.

The cause of death was undetermined but involved either asphyxiation or methamphetamine toxicity.

The court found that the stress and exertion of the kidnapping significantly contributed to the victim's death, satisfying the causation requirement for manslaughter.

Dhillon was found guilty of manslaughter, kidnapping, and interfering with a dead body.

The co-accused Johal was found guilty of being an accessory after the fact for providing the keys to the victim's vehicle to help dispose of the body.

The appellant appealed his conviction for driving with excess alcohol, arguing that his s. 7 and s. 15 Charter rights were violated because legislative amendments to the 'evidence to the contrary' (Carter) defence were applied retrospectively to his case.

The trial began before the amendments were definitively ruled retrospective by the Court of Appeal, and the appellant had called evidence based on the pre-amendment law.

The Summary Conviction Appeal Court dismissed the appeal, finding no unfairness or Charter violation, as the retrospectivity issue was known from the outset and the appellant was given an opportunity to call further evidence after the law was clarified.