The respondent and an accomplice committed a break and enter during which the accomplice shot and killed two people.
The respondent was convicted of second degree murder under the constructive murder provisions of s. 213(a) of the Criminal Code.
The Supreme Court of Canada held that s. 213(a) violates sections 7 and 11(d) of the Charter because it allows for a murder conviction without proof beyond a reasonable doubt of subjective foresight of death.
The provision was not saved by section 1 of the Charter, and the appeal by the Crown was dismissed.
