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Criminal - Murder - First Degree. R. v. Bush
In R. v. Bush (Ont CA, 2024) the Ontario Court of Appeal considers first degree murder, here involving forcible confinement:[41] Pursuant to s. 231(5)(e) of the Criminal Code, and irrespective of whether it is planned and deliberate, murder is first degree murder when the death is caused while committing forcible confinement. In this case, the evidence that the victims were killed while forcibly confined was overwhelming. Recall that, when found, all three victims had plastic bags affixed over their heads with twine tied around each of their necks, which was attached to their ankles. Forcible confinement occurs if, for any significant amount of time, a person is coercively restrained so that they cannot move according to their own desire: R. v. Sundman, 2022 SCC 31, 416 C.C.C. (3d) 371, at para. 21. In my view, the fact that the murders took place while all three victims were confined is irrefutable. And, unlike planning and deliberation, the trial judge provided a complete and legally correct instruction on unlawful confinement and murder.
[42] The evidence clearly established that all three victims were forcibly confined when they were killed. As such, there is no realistic possibility that a new trial would generate an outcome other than a conviction for first-degree murder.
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