I. Singh

The applicants brought a s. 11(b) Charter application seeking a stay of proceedings for first-degree murder and criminal organization charges arising from a large wiretap investigation (Project Siphon).

The total delay was 39 months for the homicide and over 41 months for the criminal organization charges.

After deducting defence delay and a two-month discrete exceptional circumstance for the COVID-19 pandemic, the net delay remained above the 30-month presumptive ceiling.

However, the court found the remaining delay was justified by the particular complexity of the case, which involved voluminous disclosure, numerous targets, and complex privilege issues.

The applications were dismissed.

The accused was charged with perjury for allegedly falsely testifying during a previous trial that he did not speak to a co-accused in a courthouse washroom.

The Crown relied on the eyewitness identification evidence of two jurors from the previous trial.

The court found significant frailties in the eyewitness identification evidence, including the fleeting nature of the observation, cross-racial identification issues, and inconsistencies.

The court also found that the statutory corroboration requirement under s. 133 of the Criminal Code was not met.

The accused was found not guilty.