Court of Appeal for Ontario
Date: 2025-03-24
Docket: COA-23-CR-0666
Panel: Nordheimer, Coroza and George JJ.A.
Between
His Majesty the King
Appellant
and
Monica Bechamp and Manuel Pereira
Respondents
Victoria Rivers, for the appellant
Chris Rudnicki, for the respondent, Manuel Pereira
Paul Alexander, for the respondent, Monica Bechamp
Heard and released orally: March 21, 2025
On appeal from the stay of proceedings entered by Justice Martha Zivolak of the Ontario Court of Justice on June 2, 2023.
Reasons for Decision
[1] The Crown appeals from the stay of proceedings granted by the trial judge arising from a breach of the respondents’ rights under s. 11(b) of the Charter. We agree with the trial judge’s reasons on the two points that the Crown challenges on appeal. First, we agree that the offering of one set of earlier trial dates essentially at the last minute does not require that defence counsel be available or risk having any consequent delay characterized as defence delay. Second, this was not a sufficiently complex case such as to invoke the exceptional circumstances exception under the Jordan principles. In particular, the fact that there was to be a Garofoli application does not raise the complexity of the case to the level necessary to invoke that exception, nor does the 11-week schedule that counsel set.
[2] The appeal is dismissed.
“I.V.B. Nordheimer J.A.”
“S. Coroza J.A.”
“J. George J.A.”