Montreal

Supreme Court sends case of deported Sri Lankan accused in wife's slaying back to Quebec appeal court

A Sri Lankan national who saw a murder charge against him stayed after a judge ruled the delays in getting his case to trial were unreasonable isn't finished with the Quebec justice system yet, despite the fact he's no longer in Canada.

Sivaloganathan Thanabalasingham deported to Sri Lanka after murder trial stayed under Jordan ruling

Sivaloganathan Thanabalasingam, centre, is seen here arriving for a detention review at the Immigration and Refugee Board of Canada shortly after his murder case was stayed in April 2017. He was deported in July 2017. (Graham Hughes/Canadian Press)

A Sri Lankan national who saw a murder charge against him stayed after a judge ruled the delays in getting his case to trial were unreasonable isn't finished with the Quebec justice system yet, despite the fact he's no longer in Canada.

In 2017, Sivaloganathan Thanabalasingham avoided trial for the alleged killing of his wife when a Quebec Superior Court judge ruled that the nearly 60-month delay between his 2012 arrest and the start of his trial was excessive.

The Jordan decision, a 2016 Supreme Court ruling, set a 30-month limit between the laying of charges and a trial for Superior Court cases.

Thanabalasingham was deported following his release to his native Sri Lanka, but in the meantime the Crown had asked the Quebec Court of Appeal to order a new murder trial.

The province's high court didn't hear the case, noting his prosecution had become irrelevant and theoretical.

Although Thanabalasingham has long since left the country, Canada's highest court ruled today the case should be sent back to the Quebec Court of Appeal for a judgment on whether the trial judge erred in staying the charge.

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