The applicant was convicted of second degree murder and his appeal was dismissed by the Court of Appeal.
Ten months later, the Supreme Court of Canada struck down a similar constructive murder provision in the Criminal Code.
Almost three years after his appeal was dismissed, the applicant sought an extension of time to apply for leave to appeal to raise the invalidity of the provision under which he was convicted.
The Supreme Court dismissed the application, finding that the applicant was no longer in the judicial system, had not established an intention to appeal within the prescribed time, and had not adequately explained the delay.
