M and X set out to do what M thought was a B&E. They robbed J and X killed J
Does s.213(a) 230(a) infringe or deny the rights or freedoms guaranteed by s.7 or s.11(d)?
It is a PFJ that a conviction for murder cannot rest on anything less than proof beyond a reasonable doubt of subjective foresight
Majority: The rationale for subjective foresight of death is linked to the general principle that criminal liability for a particular result is not justified except where the actor possesses a culpable mental state in respect of that result
**Proportionality between the stigma and punishment attached to a murder conviction and the moral blameworthiness of the offender.
Dissent: The question is not what is the best test, but what is the constitutionally valid one? – The answer is objective foresight
**The test of objective foresight of death for the crime of murder does not offend PFJ
This section unduly impairs the Charter rights – it is not saved by s.1