vaillancourt was charged with murder under s. 213(d) (now repealed) of the criminal code because he was considered an "accomplice by operation" under s.21(2) of the code. under s.213(d), a person using a weapon resulting in death while committing a robbery was guilty of murder, regardless of whether death was intended or of knowledge that death was likely to occur. he was convicted by a jury at trial, and the conviction was upheld by the quebec court of appeal.