V. Decker

The applicant, who was convicted of six offences following a judge-alone trial, brought an application for a stay of proceedings, arguing his right to be tried within a reasonable time under s. 11(b) of the Charter was breached.

The total delay from the laying of the Information to the end of the trial was approximately 48.8 months.

The court dismissed the application, finding that the applicant failed to raise the issue in a timely manner.

Furthermore, after deducting defence delay and significant periods of delay caused by the COVID-19 pandemic, which constituted exceptional circumstances, the net delay was 23.7 months, well below the 30-month presumptive ceiling established in Jordan.

The appellant appealed a conviction for assault simplicitor under s. 266 of the Criminal Code and the resulting sentence of four months’ imprisonment and probation.

The appellant argued that the trial judge erred in assessing credibility, improperly shifted the burden of proof, and failed to properly apply the W.(D.) framework in evaluating defence evidence.

The appeal court held that the trial judge properly assessed credibility, did not misapprehend the evidence, and did not shift the burden of proof, and therefore dismissed the conviction appeal.

However, the sentencing judge committed an error in principle by improperly discounting rehabilitation and effectively treating the accused’s decision to proceed to trial as indicative of a lack of remorse.

Leave to appeal sentence was granted and the custodial term was reduced to 75 days to be served intermittently.