In May 2023, a Canadian appellate panel agreed with the defense. “In my view, this is the most difficult and most consequential error that is put forward,” Justice Ian Nordheimer wrote in the panel’s decision. “If it succeeds, it requires a new trial for all the appellants on the murder charge. I have concluded that it does.” The court rejected the defendants’ appeals for their convictions for the attempted murder of Hann Pan, so they have remained in jail, still serving that sentence, while awaiting their retrials.
This is, however, complicated in the Canadian court system; unlike the US, in Canada, prosecutors also have the right of appeal at this stage, so in August 2023, prosecutors for the Pan case
filed their own appeal against the appellate ruling with the Canadian Supreme Court. That means we’ve entered a double limbo: We’re waiting on the Supreme Court of Canada to decide whether to hear arguments on the appeal. If they don’t, or if they do but ultimately side with the defense, then the retrial order remains, which means that then we’ll be waiting on the lower courts to decide whether to bring the case to a retrial.