Jordan application. Provincial Court trial in relation to numerous charges including thefts of motor vehicles. Complex case with voluminous disclosure (6,980 pages). Total delay was close to 22 months. Delay caused in part by late Crown disclosure.
Held: No 11(b) breach.
Regarding some late Crown disclosure, in accordance with Dixon, [1998] 1 SCR 244, the defence had not been duly diligent in making the necessary express requests for additional disclosure sought in a timely matter. Further, one item requested was a “will-say” statement from a civilian witness, a form of disclosure that the Crown is generally not required to secure at the request of the defence: K(JE), 2016 ABCA 171. Additionally, the defence ought to have scheduled the Jordan application in accordance with the procedure set out in Holt, (1991) AJ No 901 (CA) (returnable at least 30 days before the date set for trial).
M. O’Shaughnessy –
Defence Counsel