The appellant appealed a decision of the Nova Scotia Court of Appeal that had overturned a trial judge's order granting a stay of proceedings on a charge of non-capital murder.
The Supreme Court of Canada allowed the appeal, holding that the trial judge was correct in finding a breach of the appellant's right to make full answer and defence.
The Court concluded that the trial judge did not err in exercising his discretion to order a stay of proceedings, as this was one of the clearest of cases.
