Yvan Lerner

The Crown appealed a stay of proceedings granted due to unreasonable delay.

The Supreme Court of Canada allowed the appeal, finding that the accused's consents to several adjournments constituted waiver or were attributable to him.

Applying the Morin framework and noting the absence of evidence of prejudice, the Court concluded the delay was not unreasonable.

The stay was quashed and the matter returned for trial.

The appellant appealed his conviction for first degree murder, arguing the trial judge erred in his jury instructions regarding the burden of proof for an alibi and the requirement for a unanimous verdict.

The Supreme Court of Canada agreed with the dissenting appellate judge that the trial judge erred in law on both issues.

The Court declined to apply the curative proviso under s. 613(1)(b)(iii) of the Criminal Code due to the cumulative effect of the errors.

The appeal was allowed and a new trial ordered.