M. Atkin

The accused was charged with extortion and firearms offences.

Due to the COVID-19 pandemic, his jury trial was suspended, resulting in a delay beyond the 30-month ceiling.

The accused brought a s. 11(b) Charter application, arguing that the suspension of jury trials was an unconstitutional overreaction to the pandemic and seeking to call expert medical evidence to challenge the lockdown measures.

The Crown brought an application to summarily dismiss the accused's motion.

The court granted the Crown's application, finding that the Chief Justice's decision to suspend jury trials was an exceptional circumstance under the Jordan framework, regardless of whether it was the correct public health response, and that the accused's motion had no reasonable prospect of success.

The self-represented applicant applied to vary his bail to remove a condition prohibiting him from recording court proceedings.

During previous appearances, the applicant had insisted on his right to record proceedings for note-taking purposes, leading a judge to issue a bench warrant for failing to 'properly attend' court.

The Superior Court found that the applicant was legally permitted to record the proceedings under the Courts of Justice Act and the Ontario Court of Justice Protocol.

The court held that the bench warrant was unlawfully issued and the bail condition was improperly imposed.

The application to vary bail was granted.