Colin Sweeney

The appellants were arrested without warrants and released the same day.

Eight months later, they were formally charged with theft and conspiracy.

At trial, the judge quashed the indictment due to unreasonable pre-charge delay under s. 11(b) of the Charter.

The Court of Appeal vacated the order, holding that pre-charge delay is not considered under s. 11(b).

The Supreme Court of Canada dismissed the appeals, ruling that a person is 'charged with an offence' within the meaning of s. 11(b) only when an information is sworn or an indictment is laid, meaning pre-charge delay is irrelevant to the s. 11(b) analysis.

The appellant appealed as of right from a judgment of the British Columbia Court of Appeal that had allowed an appeal from his acquittal for second degree murder and ordered a new trial.

The Supreme Court of Canada allowed the appeal and restored the acquittal, substantially for the reasons given by the dissenting judge in the Court of Appeal regarding the trial judge's charge to the jury on self-defence and excessive force.