The accused was charged with first-degree murder and faced three previous trials.
The first trial resulted in a conviction that was overturned on appeal due to a Charter breach.
The second and third trials resulted in hung juries.
The accused brought an application for a stay of proceedings to prevent a fourth trial.
The court considered factors including the length of time elapsed, the time the accused spent in custody, the strength of the Crown's case, and the presumption of innocence.
The court concluded that requiring a fourth trial would stretch the community's sense of fair play and decency beyond the breaking point, constituting an abuse of process under section 7 of the Charter.
A stay of proceedings was granted.
