2 total
Charges stayed under s. 11(b) of the Charter as net delay exceeded the 30-month ceiling.
The accused applied for a stay of proceedings under s. 24(1) of the Charter, alleging an infringement of his right to be tried within a reasonable time under s. 11(b).
The accused was charged with child luring, sexual interference, and sexual assault.
The court calculated the net delay to be 31.7 months, which exceeded the 30-month presumptive ceiling for cases in the Superior Court of Justice.
The court rejected the Crown's arguments to attribute additional delay to the defence or to deduct time for exceptional circumstances.
Finding the delay presumptively unreasonable and unrebutted by the Crown, the court granted the application and stayed the charges.
The offender was sentenced to 30 months in jail and ordered to pay over $1.2 million in restitution for operating a deceptive telemarketing scheme.
Terry Croteau was sentenced after pleading guilty to fraud over $5000, making false representations in telemarketing contrary to the Competition Act, and using a forged document.
The offences stemmed from intertwined direct mail and telemarketing schemes that defrauded over 2,000 victims of approximately $1.3 million between 2012 and 2019.
The schemes involved misleading "Final Notices" and telemarketing calls designed to appear affiliated with legitimate directories like Yellow Pages, and the use of forged collection letters from "Credifax." Croteau had a prior US conviction for similar fraudulent activity.
The court accepted a joint submission for a 30-month jail sentence, emphasizing denunciation and deterrence due to the magnitude, duration, and recidivism of the offender.
