Mr. Moon

The applicant, Marcus Chac-Wai, brought an application for a stay of proceedings under section 11(b) of the Canadian Charter of Rights and Freedoms, arguing that his right to be tried within a reasonable time had been infringed.

The total delay from arrest to the scheduled trial conclusion was 42.5 months, exceeding the 30-month Jordan ceiling for Superior Court matters.

The court deducted 4 months for exceptional circumstances due to the COVID-19 pandemic, resulting in a net delay of 38.5 months.

The court found no defence delay attributable to the applicant regarding disclosure or the preliminary inquiry.

The Crown's proactive steps, such as severance or preferring an indictment, were considered.

The application was granted, and the charges were stayed due to unreasonable delay.

The accused was convicted of possession of cocaine for the purpose of trafficking, trafficking in cocaine, and possession of property obtained by crime following a five-day trial.

The Crown sought a three-year penitentiary sentence with ancillary orders including a s. 109 firearms prohibition, DNA order, and forfeiture.

The defence sought 15-18 months jail with pre-trial custody credit.

The court imposed a 20-month custodial sentence concurrent on all charges, with 16 days pre-trial custody credit.

The court granted a s. 109 order for life, a DNA order, and a forfeiture order for all seized property including a BlackBerry device.

A 12-month probation term was imposed following release from custody.

The accused was charged with possession of cocaine for the purpose of trafficking, trafficking in cocaine, and possession of property obtained by crime following his arrest on August 31, 2016.

York Regional Police conducted surveillance of a vehicle involved in a series of shoplifting incidents, which led to the observation of a suspected drug transaction between the accused and another individual.

The accused was arrested and found in possession of approximately 26 grams of cocaine and $5,615 in cash.

The defence raised Charter arguments regarding the lawfulness of the arrest, the manner of search, and the late filing of the Report to a Justice.

The trial judge rejected the defence arguments and found the accused guilty on all counts.