863 is a leading constitutional decision of the Supreme Court of Canada concerning the right to a trial within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms and the meaning of a "court of competent jurisdiction" under section 24(1) of the Charter.
For a period starting in 1973 James Mills was arrested and charged several times for robbery.
He was moved to London, Ontario to deal with some past charges.
In May Mills made a motion for a stay of proceedings on the basis that it violated his right to be tried in a reasonable time under section 11(b) of the Charter.
The motions judge held that it was not a "court of competent jurisdiction" under section 24(1) and that even if it was the Charter could not apply retroactively to remedy violations that occurred before the enactment of the Charter.