Quebec Court of Appeal provides comprehensive guidance over Jordan in two rulings

A Montreal man who was charged with killing his wife but whose case was the first Quebec murder case to be stayed following the landmark Jordan ruling will not face a new trial, the Quebec Court of Appeal ruled after issuing a concurrent and “very important” decision that clarifies and provides practical guidance on the application of the landmark Jordan decision.

A five-member bench held that the Crown’s appeal was moot in the case of Sivaloganathan Thanabalasingham, charged with second-degree murder in July 2012 after his wife was found dead in the couple’s home with knife wounds to her neck in 2012, following his deportation on July 2017. He spent 56 months behind bars while awaiting trial, prompting Quebec Superior Court Justice Alexandre Boucher to stay the proceedings on April 2017. The Crown was in the process of appealing that decision when Thanabalasingham was ordered deported to Sri Lanka.

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This story was originally published in The Lawyer’s Daily.

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