The appellant was charged with murder and underwent two trials, the first resulting in a conviction that was overturned on appeal, and the second ending in a mistrial.
A third trial was scheduled five years after the initial charge.
The appellant sought a stay of proceedings, arguing that the Crown's refusal to accept a manslaughter plea and its objection to a judge-alone trial constituted an abuse of process, and that the five-year delay violated his right to be tried within a reasonable time under s. 11(b) of the Charter.
The Supreme Court of Canada dismissed the appeal, finding no prosecutorial misconduct to justify an abuse of process.
The Court also held that the s. 11(b) right was not infringed, as the overall delay was largely attributable to the appellant's own tactical decisions, particularly his delays in retaining counsel, and the inherent time requirements of appellate and retrial proceedings.
