J. Legrand

The Crown brought an application for the forfeiture of a $60,000 cash bail deposit and various sums pledged by sureties after the accused breached his recognizance by continuing to traffic drugs and commit firearms offences.

Prior to the hearing, resolutions were reached regarding the sureties, resulting in $65,000 in forfeitures.

The accused subsequently died in prison.

The estate of the accused sought relief from forfeiture of the cash deposit, requesting that $30,000 be returned to support the accused's children.

The court found that the accused had shown total disregard for his bail conditions and that the estate failed to provide adequate evidence of financial need.

The court ordered the full $60,000 cash deposit forfeited.

The accused renewed his section 11(b) Charter motion for unreasonable delay, arguing that the delay between conviction and sentencing violated his rights.

The court dismissed the renewed motion, noting that the Jordan framework does not apply to post-trial delay.

Furthermore, the court found the 9-month delay between conviction and sentencing was reasonable, as it was primarily caused by the preparation of pre-sentence reports and the accused's own unsuccessful Charter motions.