A. Khader

During a dangerous offender hearing, the Crown sought to abandon reliance on a court-ordered psychiatrist whose evidence was challenged in cross-examination, and instead tender the evidence of a new psychiatrist.

The defence brought an abuse of process motion under s. 7 of the Charter, arguing the Crown was seeking an improper litigation advantage.

The court dismissed the motion, finding the Crown was attempting to provide the court with as much information as possible to assess the offender's risk, rather than acting for an oblique motive.

The accused brought an application for a stay of proceedings under s. 11(b) of the Charter, arguing unreasonable delay.

The proceedings spanned over 19 years, involving three trials, an appeal, and a dangerous offender application.

The court dismissed the application, finding that the net pre-verdict delay was below the Jordan ceiling after deducting significant periods of defence delay—including the accused absconding and repeatedly changing counsel—and exceptional circumstances such as a mistrial.

The court also found the post-verdict delay reasonable, as it was justified by the complexity of the dangerous offender application, further defence delays, and the COVID-19 pandemic.