T. Waltenbury

The accused pled guilty to the second-degree murder of his brother, whom he shot in the back while hunting.

The court considered the accused's Indigenous background, lack of prior violence, and early guilty plea as mitigating factors, weighed against the aggravating factors of planning, deliberation, and breach of trust.

Accepting a joint submission, the court sentenced the accused to life imprisonment with no parole eligibility for 15 years, along with ancillary orders.

The accused brought an application for a stay of proceedings, alleging a violation of his right to be tried within a reasonable time under s. 11(b) of the Charter.

The trial was scheduled to conclude 49 days beyond the 30-month ceiling established in Jordan.

The court found that various periods of delay, including counsel's unavailability and requests for adjournments, were attributable to the defence, bringing the net delay under the ceiling.

Furthermore, the court held that the unexpected unavailability of a Crown witness and the presiding judge constituted discrete exceptional events justifying further deductions.

The application was dismissed.