COURT FILE NO.: CR-20-500000044
DATE: 20200921
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: her majesty the queen, Respondent
AND:
Kyle allegro and marcus cumsille, Applicants
BEFORE: S.F. Dunphy J.
COUNSEL: Carolyn Otter and Adam Schultz, for the Respondent Crown
Marco G. Forte, for the Applicant Kyle Allegro
Hilary Dudding, for the Applicant Marcus Cumsille
HEARD at Toronto: September 11, 2020
REASONS FOR DECISION
[1] These two s. 11(b) Charter applications allege unreasonable delay and seek a stay of proceedings against each applicant. They are brought by Mr. Kyle Allegro and Mr. Marcus Cumsille, two of three accused persons scheduled to begin a joint trial alleging, among other things, participation in the same criminal organization, on January 4, 2021. This case requires me to resolve the conflict between the right to counsel of the third co-accused (Mr. Belle) and the public interest favouring joint trials in proper cases with the right of an accused person to trial within a reasonable time