Quebec's top court expedites appeal process for accused murderer facing deportation

Quebec's Court of Appeal has agreed to expedite the case of a Sri Lankan man accused of killing his wife five years ago, who isset to be deported next week.

Sivaloganathan Thanabalasingham could be gone as soon asnext Tuesday, unless the federal Immigration Minister steps in to halt the deportation.

Thanabalasingham's second-degree murder charge was stayed in April after Superior Court Justice Alexandre Boucher ruled it had taken too long to get to trial.

He was ordered deportedin April because of an earlierconviction on domestic abuse charges.

Thanabalasingham initially appealed the deportation order, but a month later asked to be returned to Sri Lanka as soon as possible.

Quebec's Director of Penal and Criminal Prosecutions is appealing the stay ofthe murder charge.Appeal Court Justice Nicole Duval-Hesler agreed Tuesday to expedite the case andheararguments in September.

• Quebec murder suspect set free due to trial delays to be deported within weeks

ProsecutorChristianJarrytold CBC that thehope is tomaximize the probability thatThanabalasinghamis still in the country for the appeal, saying that there's no guarantee hewould return to face trial.

Canada does not have an extradition agreement with Sri Lanka.

It remains to be seen whether Federal Immigration Minister AhmedHussenwill step in to delayThanabalasingham's deportation.

CBCreached out to the minister's office for comment, but they have not yet responded.

Jarry said that even ifThanabalasingham is sent back to Sri Lanka,the crownstill intends to go ahead with its appeal.

"There are questions of principles that are important to the administration of justice andcriminal law," he said.

Ruling a first in Quebec

Thanabalasingham spent five years behind bars awaiting trial on the murder charge.

Boucher's ruling in his case marked the first time in Quebec that a murder charge had been stayed due to the Supreme Court of Canada's so-called Jordan ruling last July.

That ruling imposed new deadlines on the justice system to avoid unreasonable trial delays 30 months from the time of arrest, in the case of serious charges.

In her ruling Tuesday,Duval-Heslersaid the Jordan ruling had presented challenges for lower courts and that judges needed more guidance.

She said the Supreme Court was clear in articulating the principle inthe Jordan ruling, but not clear asto how it was to be implemented in practice.

She said she welcomes the request for Quebec Court of Appeal to consider the case.

• Quebec resident who had murder charge stayed ordered deported for earlier conviction