The appellant was convicted of second-degree murder but successfully appealed, resulting in an order for a new trial.
At the second trial, the Crown introduced the appellant's testimony from the first trial as part of its case-in-chief.
The appellant objected, arguing this violated his right against self-incrimination under s. 13 of the Charter.
The trial judge and Court of Appeal allowed the evidence, holding that a retrial was not 'any other proceedings'.
The Supreme Court of Canada allowed the appeal, holding that s. 13 precludes the Crown from using an accused's previous testimony as part of its case in a retrial, as a retrial constitutes 'any other proceedings' and allowing such evidence would indirectly compel the accused to testify.
