2 total
The court dismissed the s. 11(b) application as net delay fell below the presumptive ceiling.
The applicants, Garner Belcourt and Cody Degirolamo, brought a motion alleging a violation of their s. 11(b) Charter right to trial within a reasonable time, applying the framework from R. v. Jordan.
The total delay was 39.5 months.
The court deducted 5.7 months for defence delay and 5.9 months for discrete exceptional circumstances (new information, extended preliminary inquiry), resulting in a net delay of 27.9 months, which is below the 30-month presumptive ceiling for Superior Court cases.
The applicants failed to demonstrate that they took meaningful and sustained steps to expedite proceedings, thus failing to discharge the onus to prove the remaining delay was unreasonable.
The applications were dismissed.
Aboriginal offender sentenced to four years for manslaughter of common-law spouse.
The accused, an Aboriginal woman, pleaded guilty to manslaughter after fatally stabbing her common-law spouse during an alcohol-fueled altercation.
The court considered Gladue principles, the accused's history of trauma and substance abuse, and the aggravating factor of spousal violence.
The court imposed a sentence of four years imprisonment, reduced to 657 days after pre-sentence custody credit, followed by three years of probation.
