Robert E. Gattrell

The Crown applied to vacate the preliminary hearing of N.J. and sought a ruling that Niyazi Rasidoff was not entitled to a preliminary hearing.

Both accused were charged with sexual assault, which carries a maximum sentence of 10 years imprisonment.

They had requested preliminary hearings before September 19, 2019, when amendments to the Criminal Code came into effect, restricting preliminary hearings to offences carrying potential imprisonment of 14 years or more.

The court considered whether the amendments applied retrospectively or prospectively and was bound by the Superior Court decision in R. v. R.S., which held the amendments were procedural and applied retrospectively.

The court vacated N.J.'s preliminary hearing and ruled that Rasidoff was not entitled to one.

Two young persons charged with street racing causing death, street racing causing bodily harm, dangerous driving causing death, and dangerous driving causing bodily harm brought applications under section 11(b) of the Charter of Rights and Freedoms alleging unreasonable delay in trial.

The charges arose from a fatal motor vehicle collision on April 14, 2014.

The information was sworn on May 13, 2014, with trial anticipated to conclude on October 5, 2016, representing a total delay of 28.75 months.

The court applied the framework established in R. v. Jordan, 2016 SCC 27, which created presumptive ceilings of 18 months for provincial courts.

The court found that while the delay exceeded the presumptive ceiling, it was justified by exceptional circumstances, including an unforeseen adjournment request by co-accused's counsel and the transitional nature of the case.

The court also considered the case under the pre-Jordan Morin framework and found the delay was not unreasonable in that context either.