Justice K.A. Wells

The applicants, charged with drug trafficking and conspiracy to import heroin, brought a constitutional challenge to section 36 of the Mutual Legal Assistance in Criminal Matters Act (MLACMA).

The Crown sought to introduce documents from Pakistan regarding heroin seizures without requiring the applicants to test the evidence through cross-examination.

The applicants argued that section 36 violated their Charter rights to a fair trial and full answer and defence by permitting the admission of hearsay evidence without any assessment of threshold reliability.

The court found that section 36 fundamentally altered the rules governing hearsay admissibility in a manner inconsistent with fair trial rights and declared the provision unconstitutional.

The applicant brought a motion to stay criminal proceedings for unreasonable delay under section 11(b) of the Canadian Charter of Rights and Freedoms.

The applicant was charged with two counts each of assault, overcoming resistance, and unlawful confinement on April 13, 2018, with an offence date of April 9, 2018.

The total delay from arrest to the anticipated end of trial was 17 months and 21 days, which exceeded the 18-month presumptive ceiling by 10 days.

The court found no periods of defence delay attributable to the applicant and determined that the applicant had demonstrated a sustained effort to expedite proceedings and that the case had taken markedly longer than reasonable.

The motion was granted and the charges were stayed.

The accused was charged with "Over 80" and impaired driving on November 3, 2017.

The trial was scheduled to commence on October 21, 2019, resulting in a total delay of 23 months and 19 days.

The accused brought a motion to stay the charges pursuant to s. 11(b) of the Charter, arguing that the delay exceeded the 18-month presumptive ceiling established in R. v. Jordan.

The Crown argued that approximately 9 months of delay should be attributed to the defence, bringing the net delay below the ceiling.

The court found that 3 months of delay was attributable to the defence, resulting in a net delay of 20 months and 20 days, which exceeded the presumptive ceiling.

The charges were stayed.

The accused was charged with numerous offences following a police investigation and arrest that led to the discovery of a loaded firearm and a substantial quantity of cocaine in a bedroom.

The defence applied for exclusion of the evidence pursuant to section 24(2) of the Charter.

The court conducted a blended voir dire and found that the warrantless search of the residence by police violated section 8 of the Charter.

The court excluded the firearm and cocaine from evidence, finding that admission would bring the administration of justice into disrepute.