Andrea Mason

Wesley Berman was charged with aggravated assault after stabbing Jordan Stiles during a confrontation over a dog.

Stiles had refused to return the dog despite a court order.

Berman claimed self-defence, stating Stiles attacked him.

The court assessed the credibility of both parties and the elements of self-defence under s. 34(1) of the Criminal Code.

The judge found Stiles' testimony unreliable and accepted Berman's account that he was attacked and used the knife in self-defence.

The Crown failed to prove beyond a reasonable doubt that Berman did not act in lawful self-defence, leading to an acquittal.

Jason Nassr, convicted by a jury, applied for a stay of proceedings under s. 24(1) of the Canadian Charter of Rights and Freedoms, alleging a breach of his s. 11(b) right to a trial within a reasonable time.

The total delay from arrest to verdict was 30.48 months, slightly exceeding the 30-month presumptive ceiling set by R. v. Jordan.

The court analyzed periods of delay, attributing some to defence actions (e.g., unavailability, late objections) and some to exceptional circumstances (e.g., Truth and Reconciliation Day holiday, unforeseen preliminary hearing extension, COVID-19 backlog).

After deductions, the net delay was found to be below the 30-month ceiling.

The court also rejected the argument for an "under-the-ceiling" breach, noting the applicant's lack of timely action to expedite proceedings and the case's complexity due to self-representation and voluminous disclosure.

The application for a stay of proceedings was dismissed.