T. Luscombe

The applicants, charged with possession of fentanyl and cocaine for the purpose of trafficking, applied for a stay of proceedings under s. 11(b) of the Charter, arguing unreasonable delay.

The anticipated trial date was 45 months after the charges were laid, exceeding the 30-month presumptive ceiling.

The court deducted periods of defence delay, including communal delay for counsel unavailability, and exceptional circumstances delay arising from the COVID-19 pandemic, an unavailable witness, and the assigned judge's illness.

After deductions, the net delay fell below the presumptive ceiling.

The application for a stay of proceedings was dismissed.

The applicant brought a certiorari application to quash her committal to trial on charges of robbery, forcible confinement, and aggravated assault arising from a home invasion.

She argued there was no evidence she aided or abetted the robbery, as she left the scene before it occurred.

The reviewing judge found that while there was no evidence she aided the robbery, her prior agreement to participate and her act of travelling to the scene provided some evidence upon which a jury could find she abetted the perpetrators.

The application to quash the committal was dismissed.