A. Hardiejowski

The accused brought an application under s. 11(b) of the Charter to stay charges of possession for the purpose of trafficking due to unreasonable delay.

The total delay from arrest to the anticipated end of trial was over 53 months.

After deducting defence delay and delay caused by exceptional circumstances, including the COVID-19 pandemic and the death of the preliminary hearing judge, the net delay was calculated at 35 months and 21 days.

As this exceeded the 30-month presumptive ceiling and the case was not particularly complex, the court found the delay unreasonable and stayed the charges.

The accused, a 28-year-old first-time offender, pleaded guilty to possessing 520 grams of cocaine for the purpose of trafficking.

The Crown sought a five-year penitentiary sentence, while the defence sought a conditional sentence of two years less a day.

The court emphasized denunciation and deterrence, finding that a conditional sentence would not adequately address these objectives given the quantity of drugs and the profit motive.

The accused was sentenced to two years less a day of imprisonment, followed by three years of probation.