J. Hue

The applicants, charged with importing cocaine, brought an application to stay the charges against them due to unreasonable delay under s. 11(b) of the Charter.

The total time to the anticipated end of trial was over 43 months, exceeding the 30-month ceiling established in Jordan.

After deducting periods of defence delay and delay caused by exceptional circumstances (a change of counsel and a Crown medical emergency), the net delay remained above the ceiling at 35.67 months and 35 months for the respective applicants.

The court found the delay unreasonable and stayed the charges.

The 22-year-old first-time offender pleaded guilty to breach of recognizance and assault of a peace officer with intent to resist arrest.

The offender pushed a police officer to facilitate his flight, resulting in the officer accidentally falling and breaking his fibula.

The Crown sought 60 days in jail, while the offender sought a conditional discharge to avoid travel restrictions that would impact his semi-professional soccer career.

The court granted a conditional discharge with 18 months of probation and 100 hours of community service, finding that the 72 days of credited pre-sentence custody adequately addressed the principles of denunciation and deterrence.