Accused charged with two counts of first degree murder — Accused seeking stay based on trial delay — Trial judge refusing stay and entering convictions for second degree murder based on erroneous application of unconstitutional provision in Criminal Code — Murder convictions replaced with manslaughter convictions — Whether “transitional exceptional circumstance” in R. v. Jordan, 2016 SCC 27 requires accused to establish by clear evidence that Crown “repudiated” framework in R. v. Morin, [1992] 1 S.C.R. 771 — Whether functus officio doctrine permits trial judge sitting without jury to substitute entirely different verdict, provided sentence has not yet been imposed or conviction entered. — dismissed 12/05/2019 — Supreme Advocacy acted as agents for the Applicant.

Read the lower court decision from the ABCA here.