L charged with attempted murder during a robbery. L shot X in neck. X lived
Does s.21(2) of the CC contravene s.7 and/or s.11(d) of the Charter?
Where there is a constitutionally minimum required MR for the principle in those cases the party must have the same level of MR
To be convicted of a party to murder you must have subjective foresight of death.
Vaillancourt does preclude Parliament from providing for the conviction of a party to that offence on the basis of a degree of MR below the constitutionally required min.
The question whether a party to an offence had the requisite MR to found a conviction under s.21(2) is 2 steps:
**What is constitutionally required MR for principal? - Is there a min degree of MR required by PFJ (constitutionally required min MR)? IF SO
**If PFJs do require a certain min degree of MR in order to convict the principal, then that min degree of MR is constitutionally required to convict a party to that offence as well?
s.21(2) violates s.7 and cannot be justified under s.1