Tara Boghosian

The appellant, Jamil Ahmad Qureshi, appealed his conviction for dangerous driving causing bodily harm and death, arguing the trial judge erred in her legal analysis of the mens rea element.

The Court of Appeal found that the trial judge misapplied principles regarding momentary lapses and conflated civil and criminal negligence standards by failing to adequately explain how the appellant's conduct constituted a "marked departure" from the standard of care.

The Court allowed the appeal and ordered a new trial, but declined to order an acquittal, finding the verdict was not otherwise unreasonable.

The applicant, charged with making an explosive substance, brought an application for a stay of proceedings under s. 24(1) of the Charter, alleging a violation of his s. 11(b) right to be tried within a reasonable time.

The total delay was 33 months and 22 days, exceeding the 30-month presumptive ceiling for the Superior Court.

After deducting defence-caused delay, the net delay remained above the ceiling.

However, the court found that the Covid-19 pandemic constituted an exceptional circumstance that justified the delay, as it caused a seven-month suspension of court operations.

The application for a stay of proceedings was dismissed.