The appellant was convicted of first degree murder under s. 214(5) of the Criminal Code after killing a woman while attempting to commit a sexual assault.
He appealed, challenging the constitutionality of ss. 213(a) and 214(5) under the Charter.
The Supreme Court of Canada held that while s. 213(a) is unconstitutional, s. 214(5) does not violate s. 7 of the Charter as it merely classifies murders for sentencing purposes and is not arbitrary or irrational.
The appeal was dismissed and the conviction upheld.
