Michelle Psutka

The applicants, two firefighters charged with fraud, money laundering, and obstruction of justice, brought an application for a stay of proceedings under s. 11(b) of the Charter.

The total delay from the date of the charges to the anticipated end of the trial was 35 months and one week.

After deducting three months of conceded defence delay, the net delay was 32 months and one week, exceeding the 30-month presumptive ceiling established in Jordan.

The Crown argued that additional periods, including a two-month delay for a judicial pre-trial, a two-month adjournment of the preliminary inquiry, and a seven-week judicial reserve period, should be deducted as defence delay or exceptional circumstances.

The court rejected the Crown's arguments, finding that the delays were not caused by the defence and that the Crown failed to take proactive steps to mitigate them.

The court concluded that the delay was unreasonable and granted a stay of proceedings.

The appellant appealed his conviction for first degree murder, arguing that the verdict was unreasonable and that the trial judge's instructions to the jury on planning and deliberation were flawed.

The appellant conceded guilt for second degree murder but contended there was insufficient evidence of planning and deliberation for first degree murder.

The Court of Appeal upheld the conviction, finding that the jury could reasonably infer planning and deliberation based on evidence of the appellant's contact with a witness approximately one week before the murder to facilitate fraudulent use of the victim's debit cards, combined with evidence of the nature and circumstances of the killing.