Kendra Stanyon

The accused brought a Charter application seeking a stay of proceedings based on delay in completing his bail hearing, alleging violations of ss. 7, 9, and 11(e) of the Canadian Charter of Rights and Freedoms.

The accused argued that the justice of the peace and Crown prosecutor caused an unlawful adjournment exceeding the three‑day limit under s. 516 of the Criminal Code and demonstrated disregard for the accused’s liberty interests.

The court held that defence counsel consented to the adjournment and therefore no illegal adjournment occurred.

The court further found that neither the Crown prosecutor nor the justice of the peace acted improperly or breached the accused’s Charter rights.

Although the 32‑day duration of the bail hearing was unacceptable, it did not justify the extraordinary remedy of a stay of proceedings.

The appellant appealed his conviction and sentence, arguing that the police lacked justifiable grounds to search his house and that an officer exceeded his authority.

The Court of Appeal dismissed the conviction appeal, finding the trial judge's conclusion was amply supported by evidence including a 911 call and plain view observations that justified a telewarrant.

The sentence appeal was also dismissed, as the forfeiture order was deemed reasonable and the sentence length was not challenged.