The five accused, charged with fraud and conspiracy related to a multi-million dollar tax avoidance scheme, brought applications for a stay of proceedings due to unreasonable delay under s. 11(b) of the Charter.
The total delay was approximately 44 months.
The court dismissed the delay application, finding the delay justified by the exceptional complexity of the case, which involved voluminous disclosure and multiple accused, as well as transitional exceptional circumstances under the Jordan framework.
The court granted an adjournment for three accused to retain counsel but denied a severance application by the remaining two accused, emphasizing the strong presumption in favour of joint trials for alleged co-conspirators.
