C.S. White

The applicant, Nadal Diya, sought bail pending an extradition hearing to the United States on charges of fraud and misuse of visas.

The applicant was arrested in Toronto on a provisional warrant.

The court considered the applicant's significant wealth, lack of ties to Canada, and history of using fraudulent passports as factors indicating a high flight risk.

While the applicant proposed a $10,000 (later $100,000) cash deposit and supervision by family friends, the court deemed this insufficient.

Applying modified bail principles for extradition cases, the court granted bail but imposed a significantly increased cash deposit of CDN $1,000,000, along with electronic monitoring and other conditions, to ensure the applicant's attendance.

The five accused, charged with fraud and conspiracy related to a multi-million dollar tax avoidance scheme, brought applications for a stay of proceedings due to unreasonable delay under s. 11(b) of the Charter.

The total delay was approximately 44 months.

The court dismissed the delay application, finding the delay justified by the exceptional complexity of the case, which involved voluminous disclosure and multiple accused, as well as transitional exceptional circumstances under the Jordan framework.

The court granted an adjournment for three accused to retain counsel but denied a severance application by the remaining two accused, emphasizing the strong presumption in favour of joint trials for alleged co-conspirators.

The applicant, facing charges of importing a Schedule I controlled substance, brought a Rowbotham application for state funding for his defence after being denied Legal Aid.

The Crown opposed the application, arguing the applicant had not provided sufficient evidence of financial hardship.

The court found that the applicant had exhausted all Legal Aid appeals, lacked the means to privately retain counsel due to health issues and unemployment, and that legal representation was essential for a fair trial given the complexity of the case.

The application was granted, and Legal Aid Ontario was ordered to issue a certificate.

The applicants sought a stay of proceedings under section 11(b) of the Charter due to unreasonable delay in their criminal trial for production and possession of controlled substances.

The court found a total delay of 44.5 months, with 10 months attributable to egregious Crown delay and 9 months to institutional delay.

Despite minimal prejudice to fair trial rights, the significant impact on the applicants' liberty and security interests, exacerbated by the Crown's failure to manage the case responsibly, led the court to conclude that the right to be tried within a reasonable time was violated.

A stay of proceedings was granted.

At a preliminary inquiry into a drug trafficking investigation ("Project Dominion"), the Crown sought committal for trial of four defendants on various charges related to cocaine trafficking.

Derouche and Fagan were committed on consent.

Maharaj and Williams resisted committal on charges of possession of cocaine for the purpose of trafficking on November 13-14 and November 20, 2014.

Williams also faced a charge of possession of ammunition contrary to a prohibition order.

The Crown's case focused on the defendants' association with a commercial premises at 905 Dillingham, Unit 16, which police evidence established was being used as a storage and manufacturing location for large quantities of cocaine and crack cocaine.

The preliminary inquiry justice found sufficient circumstantial evidence to commit Maharaj and Williams for trial on the trafficking charges but discharged Williams on the ammunition charge due to insufficient evidence linking him to the ammunition found at a separate residence.