Stephanie Baker

The applicant sought certiorari quashing a preliminary inquiry judge’s decision committing him to stand trial on charges of possession of fentanyl for the purpose of trafficking and possession of proceeds of crime.

The applicant argued that the committal was made in the absence of evidence on an essential element of the offence, namely the purpose of trafficking.

The reviewing court applied the test from R. v. Arcuri and held that the preliminary inquiry judge’s role is limited to determining whether there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty.

Considering the circumstantial evidence collectively, including the drugs found, cash in multiple locations, and a brief vehicle interaction consistent with drug transactions, the court found that a reasonable inference of trafficking could be drawn.

The application for certiorari was dismissed.

The accused, charged with robbery, brought applications for a stay of proceedings due to unreasonable delay under s. 11(b) of the Charter.

The total delay from the date of arrest to the anticipated end of trial was 25 months.

The court attributed significant portions of the delay to the Crown, including late disclosure of a 9-1-1 audio recording and failure to expedite scheduling.

Finding that the delay was unreasonable and that the accused suffered real prejudice from restrictive bail conditions, the court granted the applications and stayed the charges.