The appellant challenged a conviction entered after the Crown commenced indictment proceedings on charges identical to informations previously dismissed by a provincial court judge who had erroneously concluded he lacked jurisdiction.
The Supreme Court held that the earlier court had competent jurisdiction, the accused had been put in jeopardy once pleas were entered, and the dismissals remained effective unless rescinded, quashed, or reversed.
Applying the autrefois acquit principles discussed in R. v. Riddle, the Court concluded that the Crown could not ignore the prior dismissals and simply commence new proceedings.
The plea should have succeeded and the appeal was allowed.
