The ruling says a defendant cannot use court delays in one trial as justification for a stay of proceedings if they are ordered to stand trial a second time.
Canada’s highest court said that when an accused faces a new trial on the same charge, the “constitutional clock” reverts to zero in all but exceptional cases.
The man’s first trial took more than 72 months to complete, of which 62 months were attributed to the Crown, but at the time he did not seek a stay for the delay. The acquittal was quashed in June 2018 by the Quebec Court of Appeal and a new trial was ordered. “When a new trial is ordered, the constitutional clock for calculating delay is reset to zero,” Chief Justice Richard Wagner wrote on behalf of the majority.
“Nor did he make an argument to this effect in the Court of Appeal after the Crown decided to appeal the verdict.”
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