The appellant was convicted of second degree murder.
He appealed the conviction, arguing that the trial judge's charge on reasonable doubt misled the jury.
The trial judge did not have the benefit of the Supreme Court's decision in Lifchus.
The majority of the Court of Appeal held that the charge was in substantial compliance with Lifchus and dismissed the appeal.
The Supreme Court of Canada dismissed the appeal, finding that the charge, read as a whole, did not give rise to a reasonable likelihood that the jury misapprehended the correct standard of proof.
