A. Weisberg

The applicant, charged with possession of proceeds of crime and possession of cocaine for the purpose of trafficking, brought an application to stay the proceedings under s. 11(b) of the Charter, alleging unreasonable delay.

The total delay was approximately 44 months.

The court found that the period during which the applicant was out of the country and the subsequent extradition process constituted a discrete event.

Deducting this period brought the net delay well below the 30-month presumptive ceiling established in Jordan.

The application was dismissed.

The offender pleaded guilty to manslaughter after bringing a loaded handgun into a community centre while searching for individuals involved in a prior robbery.

During a confrontation, the offender attempted to strike a young person with the firearm and the gun accidentally discharged, fatally wounding the victim.

The court considered numerous aggravating factors including the illegal possession of a loaded firearm, breach of a recognizance prohibiting firearm possession, flight from police, and the devastating impact on the victim’s family and the community.

Mitigating factors included the guilty plea, youth, lack of prior criminal record, expressions of remorse, and prospects for rehabilitation.

The court imposed a global sentence reflecting denunciation and deterrence while granting enhanced credit for pre‑sentence custody due to remand conditions and institutional lockdowns.

The applicant sought exclusion of drug evidence discovered during a warrantless vehicle search, alleging breaches of ss. 8, 9, and 10 of the Canadian Charter of Rights and Freedoms.

Police stopped the vehicle after observing evasive driving in a neighbourhood known for drug activity and seeing the driver make movements inside the car.

The court held that the circumstances amounted only to suspicion and did not provide reasonable grounds to arrest or search.

Additional questioning after the applicant requested counsel constituted further Charter breaches.

Applying the s. 24(2) framework, the court excluded the evidence and dismissed the trafficking charge.