Background
One evening in February 1985, Patrick Tremblay and 15 year-old Mr. Martineau set out to rob a trailer owned by the McLean family in Valleyview, Alberta. Martineau was armed with a pellet gun and Tremblay was armed with a rifle. Martineau was under the impression that they were only going to commit breaking and entering and no one would be killed. However, during the robbery Tremblay shot and killed Mr. and Mrs. McLean.
Martineau was charged with second degree murder under s.213(a) and (d) of the Criminal Code of Canada (now s. 230(a) and (d)) for both deaths (under s.21(1) and (2)) and was transferred to adult court.
At trial Martineau was convicted. But in appeal at the Alberta Court of Appeal the court overturned the decision, concluding that s.213(a) violated s.7 and s.11(d) of the Canadian Charter of Rights and Freedoms.
The issue before the Court was whether the appeal court was correct in holding s.213(a) as a violation of ss. 7 and 11(d) of the Charter.
Read more about this topic: R. V. Martineau
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