R. v. Murphy and Wright

canada, canadian, case law, court opinion, canlii, nsca, 2026nsca51, 2026 nsca 51 (canlii), 2026, nsca, 51, (canlii), cac 546577, 2026, procedure, mistrial, discretion, trial judge declared mistrial after convictions, “no alternative” following breach of procedural fairness, exceptional circumstances and deference, unreasonably or wrong principle, sentencing date cancelled, new trial dates directed, appeal dismissed, procedure, crown appeal, right of appeal, criminal code, ss. 570(1), 676(1)(b), whether crown may appeal a declaration of mistrial, “refuses or fails to exercise jurisdiction on an indictment” not triggered, wilson distinguished on legally correct mistrial, appeal dismissed, procedure, procedural fairness, right to be heard, whether mistrial declared without opportunity for submissions breached audi alteram partem, failure to invite submissions after consulting information extrinsic to evidence, transparency and natural justice in criminal proceedings, breach found, mistrial upheld, appeal dismissed, evidence, judicial notice, extrinsic information, whether “judicial notice of google maps” was proper, driving time and named trail not in evidence, strict threshold for judicial notice, notorious facts or readily accessible sources of indisputable accuracy, google maps not accepted as indisputable accuracy, mistrial upheld, procedure, error of law, appellate review, whether mistrial declaration was an error of law, legal error occurred earlier, during deliberative process without submissions, mistrial not “tainted by legal error” and within discretion, crown appeal route under s. 676(1)(b) unavailable, appeal dismissed