G. Lafontaine

The applicants brought a s. 11(b) Charter application seeking a stay of proceedings for first-degree murder and criminal organization charges arising from a large wiretap investigation (Project Siphon).

The total delay was 39 months for the homicide and over 41 months for the criminal organization charges.

After deducting defence delay and a two-month discrete exceptional circumstance for the COVID-19 pandemic, the net delay remained above the 30-month presumptive ceiling.

However, the court found the remaining delay was justified by the particular complexity of the case, which involved voluminous disclosure, numerous targets, and complex privilege issues.

The applications were dismissed.

The accused, a police officer, was charged with perjury and attempting to obstruct justice.

The Crown alleged that the accused encouraged a confidential informant to plant a firearm at a suspect's residence and subsequently swore a false Information to Obtain a search warrant that omitted this fact and contained other misleading information.

The court rejected the accused's testimony as improbable and found that the Crown had proven beyond a reasonable doubt that the accused committed perjury and attempted to obstruct justice.

The accused was found guilty on all counts.