Raphael H. Schachter

The accused, a senator, was charged with accepting a benefit in consideration for exercising influence in connection with government business, contrary to s. 121(1)(a) of the Criminal Code.

The trial judge acquitted the accused, finding that the Crown failed to prove a 'corrupt' state of mind.

The Court of Appeal upheld the acquittal.

The Supreme Court of Canada allowed the appeal and ordered a new trial, holding that s. 121(1)(a) does not require a 'corrupt' state of mind.

The Crown need only prove that the accused intentionally committed the prohibited act with knowledge of the relevant circumstances.

The appellant appealed a decision of the Quebec Court of Appeal that set aside a stay of proceedings ordered after a lengthy pre-trial delay.

The Supreme Court of Canada dismissed the appeal for the reasons given by the Court of Appeal, finding that a stay could not be ordered absent proof of impairment of the ability to present a full answer and defence or proof of oppressive or vexatious behaviour by the Crown or police.