January 5th, 2017

R v Abzakh, 2016 ABQB 694 per Gill, J:

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Trial on drug and firearms charges. Jordan application. 63 month delay. Issue being the amount of the delay that was attributable to the defence. One period of delay (171 days) was caused by a change of counsel by the accused which resulted in an adjournment. A second series of delays were caused during the trial … Read More.

December 7th, 2015

R v Jeyte, 2015 ABPC 232 per Van Harten, PCJ

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Co-accused charged with break and enter. 25 month delay prior to trial. First trial date adjourned due to late disclosure of a witness statement. On the eve of the second trial date the Crown disclosed 700 pages of cell records and surveillance reports. Held: Stay of Proceedings. Actual prejudice found in relation to one of … Read More.

February 9th, 2015

R. v. Rivera Roblero, 2015 ABPC 7 per Henderson, PCJ

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Indecent act trial. Application for a stay based on delay. Accused convicted following first trial (11 months from charge to first trial). 8 month further delay during successful summary conviction appeal. Approximate further period of 8 month delay until second trial date. Held: Application dismissed. None of the individual periods of delay fell outside of … Read More.

January 9th, 2015

R. v. Graham, 2014 ABPC 282 per Lamoureux, PCJ

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Accused charged with impaired driving. 11(b) issue. Approximate one year delay from time of charge to trial. Four months of delay caused by police errors in the issuance of the Promise to Appear, and a further delay caused by witness unavailability over the summer months. Held: 11(b) breach, stay entered. As per Godin [2009] 2 … Read More.