M. Mansour

In a trial for possession of oxycodone for the purpose of trafficking, the Crown brought an application to adduce expert handwriting evidence from a Centre of Forensic Sciences employee.

The expert concluded that the accused probably wrote portions of debt lists seized by police.

The defence opposed the application, arguing the evidence was more prejudicial than probative and lacked sufficient reliability.

The court applied the Mohan framework and found the evidence logically and legally relevant, necessary, not subject to an exclusionary rule, and proffered by a properly qualified expert.

The Crown's application was granted and the expert evidence was ruled admissible.

The applicant brought a section 11(b) Charter application seeking a stay of proceedings based on trial delay in a transitional case under R. v. Jordan.

The applicant was charged with care or control "Over 80," driving while disqualified, and failure to comply with probation.

The trial commenced on June 20, 2016, and the delay application was argued on July 7, 2017.

The court calculated the net delay at 12½ months, which fell below the 18-month presumptive ceiling.

The court found that the applicant had not established meaningful steps to expedite proceedings or that the case took markedly longer than it reasonably should have.

The application was dismissed as not constituting a clear case for a stay.