The appellant was charged with narcotics trafficking and proceeds of crime offences.
The trial was conducted intermittently over eight months.
The trial judge convicted the appellant of trafficking but acquitted him of the proceeds charges, noting the sporadic trial was unsatisfactory but declining to declare a mistrial to avoid hardship to the accused.
The Court of Appeal overturned the acquittals, finding the trial judge should have declared a mistrial.
The Supreme Court of Canada allowed the appeal in part, holding that the trial judge did not err in refusing a mistrial and restoring the acquittals on the specific proceeds counts.
However, a new trial was ordered on the global proceeds count because the trial judge failed to consider whether the Crown had proven that at least some of the money was from trafficking.
