The applicant, charged with first degree murder, brought a fresh application for a stay of proceedings under s. 11(b) of the Charter after the Court of Appeal previously overturned a stay and ordered a new trial.
The court conducted a preliminary assessment under Rule 34.02 of the Criminal Proceedings Rules.
Finding that the delay since the appellate decision was entirely attributable to the applicant's own requests for time to prepare and seek leave to appeal, the court concluded the application had no reasonable prospect of success and summarily dismissed it.
