Nikhil Cooper

The accused brought a Section 11(b) Charter application seeking a stay of proceedings for delay in trial.

The charges included sexual assault, sexual interference, and forcible confinement arising from an alleged incident on July 9, 2016.

The court applied the framework established in R. v. Jordan, calculating the net delay and considering whether exceptional circumstances existed.

The court found that while the net delay exceeded the presumptive ceiling of 18 months, a discrete event (court cancellation due to weather in a fly-in community) constituted exceptional circumstances.

After deducting this period, the remaining delay fell below the ceiling.

The court further found that the accused failed to demonstrate that the case took markedly longer than reasonably necessary given local considerations of fly-in court operations.

The application for a stay was dismissed.

The offender pleaded guilty to possession of cocaine for the purpose of trafficking contrary to s. 5(2) of the Controlled Drugs and Substances Act.

The offender was arrested on September 1, 2017, while on parole for a prior drug and firearm offence.

Police surveillance revealed the offender engaged in drug trafficking activity, resulting in the seizure of 13.95 grams of cocaine and $2,435 in cash.

The offender has an extensive criminal record involving multiple drug trafficking convictions and firearm offences.

The court imposed a sentence of 261 days imprisonment after crediting 189 days of pre-trial detention.

The court declined to credit time spent serving the prior sentence between arrest and warrant expiry.

Ancillary orders included a DNA order, lifetime firearm prohibition, forfeiture of offence-related property, and a victim fine surcharge.