The accused was charged with second degree murder.
At trial, the judge instructed the jury on constructive murder under s. 213 of the Criminal Code based on evidence of forcible confinement.
The accused was convicted of second degree murder.
The Court of Appeal ordered a new trial, holding that the jury was instructed on an uncharged offence (first degree murder).
The Supreme Court of Canada allowed the Crown's appeal and restored the conviction, holding that s. 214 merely classifies murder for sentencing purposes and does not create distinct substantive offences, meaning the jury was properly instructed on the elements of murder under ss. 212 and 213.
