Section 653.1 — Criminal Code: Mistrial — rulings binding at new trial

In the case of a mistrial, unless the court is satisfied that it would not be in the interests of justice, rulings relating to the disclosure or admissibility of evidence or the Canadian Charter of Rights and Freedoms that were made during the trial are binding on the parties in any new trial if the rulings are made —

or could have been made — before the stage at which the evidence on the merits is presented.