The appellant was convicted of first degree murder after stabbing a cab driver to death during a robbery and forcible confinement.
He challenged the constitutionality of the constructive murder provisions and the classification of murder during forcible confinement as first degree murder carrying a mandatory life sentence without parole for 25 years.
The Supreme Court of Canada held that while the constructive murder provision violated the Charter, the conviction should be upheld because the jury would have reached the same verdict.
The Court also upheld the constitutionality of elevating murder during forcible confinement to first degree murder, finding it did not violate principles of fundamental justice, arbitrary detention, or cruel and unusual punishment.
