Jeffery Elder Couse

The appellant was convicted of six offences: conspiracy to traffic firearms, conspiracy to traffic cocaine, possession of a firearm for the purpose of transfer, possession of an unlicensed firearm, possession of a firearm with its serial number removed, and possession of property obtained by crime.

The appeal raised three grounds: the jury selection procedure, the refusal to sever charges, and jury instructions.

The Court of Appeal allowed the appeal on the jury selection ground, finding that the trial judge erred in ruling he lacked jurisdiction to order exclusion of unsworn jurors while using rotating triers.

The appellant had specifically requested this procedure and was deprived of his chosen option when forced to select between static triers with full exclusion or rotating triers with no exclusion.

The Court found this error could not be cured by the curative proviso and ordered a new trial.

Seven appellants appealed their convictions for offences relating to a conspiracy to import and traffic in cocaine, arguing that the trial judge erred in dismissing their applications for a stay of proceedings based on breach of their Charter right to trial within a reasonable time under section 11(b).

The appellants contended that the 30-month presumptive ceiling under the Jordan framework should not apply because the Crown preferred an indictment, thereby creating a one-stage proceeding subject to an 18-month ceiling.

They also argued that delay in preferring the indictment constituted "wasted" time and that systemic or institutional delay was not adequately considered.

The Court of Appeal upheld the trial judge's decision, finding that the 30-month ceiling applied to cases tried in superior court regardless of whether a preliminary inquiry occurred, that the Crown's delay in preferring the indictment was justified and did not constitute wasted time, and that the case's particular complexity justified the delay beyond the presumptive ceiling.

The appellant sought leave to appeal a sentence of 30 months custody (21.5 months effective) imposed after conviction for robbery of a gas station convenience store.

The appellant argued the sentencing judge erred in characterizing his prior sentences as lenient and that the sentence was demonstrably unfit.

The Court of Appeal found that while the characterization of prior sentences as lenient was inappropriate, it had no impact on the sentence imposed.

The court upheld the sentence as fit, noting the appellant's extensive criminal record, ineffective probation orders, 14 convictions for breaching court orders, and substance abuse issues.

The court emphasized the vulnerability of convenience store clerks working alone late at night.

The appellant was convicted of possession of cocaine for the purpose of trafficking under s. 5(2) of the Controlled Drugs and Substances Act.

The conviction followed police surveillance, an undercover purchase, and searches of the appellant's vehicle and apartment.

The appellant appealed, challenging the validity of the apartment search warrant and alleging various Charter violations during the police takedown and strip searches.

The Court of Appeal upheld the conviction, finding sufficient grounds for the search warrant independent of evidence obtained from an allegedly unlawful strip search, and finding no Charter violations that would warrant a stay of proceedings.