Marcus Bornfreund

Four defendants charged with possession for the purpose of trafficking marijuana and related offences arising from a grow operation investigation applied for a stay of proceedings pursuant to section 11(b) of the Canadian Charter of Rights and Freedoms on grounds of unreasonable trial delay.

The defendants had been before the court for approximately 21.5 months.

The court conducted a detailed analysis of the delay, allocating it among inherent delay, actions of the accused, actions of the Crown, and institutional resource limitations.

The court found that the total delay attributable to the Crown or systemic factors was 8 months and 19 days, which fell within the Askov/Morin guidelines of 8 to 10 months.

The court determined that the prejudice suffered by the defendants was modest and that society's interest in a trial on the merits outweighed the defendants' interest in prompt adjudication.

The application was dismissed.

The accused, a Wal-Mart cashier, was charged with fraud and fraudulent use of a credit card for allegedly participating in a scheme to process fraudulent credit cards in exchange for gift cards.

The Crown relied on the testimony of an accomplice who recruited individuals to use the fake cards at the accused's register, as well as video surveillance and text messages.

Applying the W.(D.) framework for credibility, the court rejected the accused's testimony as contrived and accepted the corroborated evidence of the accomplice.

The court found the accused guilty beyond a reasonable doubt.