Hugh M. Harradence

The appellants appealed a decision of the Saskatchewan Court of Appeal that set aside a stay of proceedings entered by the trial judge due to trial delay.

The Supreme Court of Canada dismissed the appeal, agreeing with the Court of Appeal that the trial judge erred in attributing a four-month delay entirely to the Crown.

The delay was necessitated to accommodate the schedules of defence counsel, and overall, the delay was not unreasonable.

The appellant, who was charged with first degree murder, was subpoenaed to testify at the preliminary inquiry of another individual separately charged with the same murder.

The appellant sought to quash the subpoena, arguing that compelling his testimony would violate his right to silence and protection against self-incrimination under section 7 of the Charter.

The Supreme Court of Canada held that it had jurisdiction to hear the appeal, treating the appellant's application as tantamount to a certiorari application under the Dagenais framework.

On the merits, the Court held that the appellant was compellable, as the predominant purpose of the subpoena was not to incriminate him, and he would be entitled to protections against self-incrimination in his own subsequent proceedings.