2 total
Charter s. 11(b) stay application dismissed; net delay fell below 30-month ceiling after deductions.
The accused brought an application for a stay of proceedings, arguing his right to be tried within a reasonable time under s. 11(b) of the Charter was infringed.
The total time from the date of the charge to the scheduled decision date exceeded the 30-month presumptive ceiling established in Jordan.
However, the court deducted periods of defence delay, the extended length of the trial due to unforeseen circumstances, and the period of judicial deliberation.
After these deductions, the net delay fell below the 30-month ceiling.
The application for a stay of proceedings was dismissed.
Accused convicted of drug trafficking based on constructive possession; co-accused and firearms charges dismissed.
The accused were jointly charged with possession of cocaine and crack cocaine for the purpose of trafficking, firearms offences, and possession of proceeds of crime following a police investigation and search warrants executed at an apartment and a vehicle.
The Crown relied on surveillance evidence and constructive possession to link the accused to the drugs and a shotgun found in the apartment.
The court applied the W.D. framework to assess credibility, finding the first accused's testimony unreliable and convicting him of the drug, proceeds of crime, and breach of probation charges, but acquitting him of the firearms charges due to lack of knowledge.
The second accused was acquitted of all charges due to insufficient evidence of knowledge and control.
