Kester Yeh

The accused was charged with unlawful production of cannabis, two counts of possession of cannabis for the purpose of trafficking, and fraud under $5,000 of electricity.

The defence brought a Charter application alleging unreasonable delay under section 11(b) and seeking a stay of proceedings.

The court applied the framework from R. v. Morin, considering the length of delay, waiver, reasons for delay, and prejudice to the accused.

The total delay was approximately 16 months from the information being sworn to the trial date.

The court found that while the Crown caused approximately 1 month and 18 days of delay in providing initial disclosure, the remainder of the delay was attributable to inherent time requirements of the case, including the complexity of the charges, the need for a judicial pre-trial, and the time required for counsel preparation.

The court dismissed the application.

The applicant brought a Charter application under s. 24(1) alleging that his right to trial within a reasonable time under s. 11(b) had been infringed.

The applicant was charged with possession of multiple controlled substances for the purpose of trafficking.

The court conducted a detailed analysis of delay attribution under the Morin framework, examining the length of delay, waiver, reasons for delay, prejudice, and societal interests.

The court found that the operative delay fell within acceptable guidelines and that no actual prejudice had been demonstrated.

The application was dismissed.

The accused was charged with possession of oxycodone, possession of oxycodone for the purpose of trafficking, and failure to comply with his recognizance.

The accused pleaded guilty to the failure to comply charge but brought a Charter application to exclude evidence of the drugs seized by police.

The court found that the accused was arbitrarily detained in violation of section 9 of the Charter and that the search of his person was unreasonable in violation of section 8 of the Charter.

The court excluded the drug evidence under section 24(2) of the Charter, finding that admission would bring the administration of justice into disrepute.

The accused was acquitted on the first two counts.