Jeffrey Leinen was convicted in December 2011 of second-degree murder for ramming into a group of people outside the Texas Mickey Bar in Olds, Alta.
Nicholas Baier, an 18-year-old student at Olds College, was killed and Leinen was sentenced to life with no chance of parole for 14 years.
Witnesses testified at Leinen's trial that he had been kicked out of the bar for fighting.
In August, the Alberta Court of Appeal ordered a new trial for Leinen, citing an error the judge made in his charge to the jury.
On Friday, Alberta Justice spokesman Dan Laville said they've asked for a delay in the retrial in order to ask the Supreme Court to restore the conviction.
The retrial has been postponed until March 14.
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