January 28th, 2019

Trial delay caused by choice of counsel – R. v. Jeha, 2019 Calgary Queen’s Bench

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Defence application for a stay based on a s. 11(b) Charter breach. Two accused were charged with multiple trafficking, firearms and criminal organization offences. Held: No s. 11(b) violations. Following Albinowski, 2018 ONCA 1084 and Mullen, 2018 ABQB 831, there is a “nearly bright line rule ascribing any unavailability of defence counsel as defence delay.” … Read More.

September 14th, 2018

No Presumptive Ceiling For Trial Delay In Youth Court – R v KJM, 2018 Alberta Court of Appeal

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Defence appeal from conviction on the basis that the trial judge erred in dismissing s. 11(b) application. Transitional case. Issue on appeal of whether the 18-month presumptive ceiling in Jordan applies to Youth Criminal Justice Act matters. Held: Appeal dismissed. Court of Appeal was divided three ways on disposition of the appeal. Wakeling, JA, dismissed … Read More.

August 17th, 2018

Informed Waiver By Defence Cannot Be Based Upon Unanticipated Events – R v Klassen, 2018 Alberta Court Of Appeal – Dismissal For Trial Delay Upheld

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Crown appeal from a judicial stay on the basis that the accused’s right to a trial within a reasonable time under s. 11(b) was violated. 57.5 months’ total delay from charge to end of trial, including four trial adjournments. Issue on appeal of whether trial judge properly characterized the periods of delay. Held: Appeal dismissed. … Read More.

July 6th, 2018

31.5 Month Trial Delay Upheld – R v S.K., 2018 Alberta Court of Appeal

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Appeal from conviction on the basis that trial judge erred in dismissing s 11(b) Jordan application. Net delay was 31.5 months, which included a 5-month period where the Crown stayed the prosecution due to lack of contact with the complainant. Issue of whether the trial judge erred in finding that delay was justified under the … Read More.

June 1st, 2018

Murder Stayed For Trial Delay – R v Chan, 2018 Calgary Queen’s Bench

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Section 11(b) application. In 2013, accused was charged with murder, criminal organization and conspiracy offences arising from a 2008 gang shooting. Matter was case-managed in tandem with a parallel prosecution on another indictment. Crown conceded delay clearly exceeded the Jordan ceiling. Issue of whether delay was justified as a complex case or on basis of … Read More.

March 22nd, 2018

R v Brown, 2018 Edmonton Court Of Queen’s Bench – Pre-Charge Delay Not Counted Towards Unreasonable Trial Delay

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Accused found guilty after trial, 25 months after charges were laid (post-charge delay). Defence argued that for purposes of Jordan (2016 SCC 27), the clock started to run from the date police had completed investigation, over a year prior to accused being charged (pre-charge delay), bringing the total time to 37 months. This made the … Read More.

November 8th, 2017

R v Mamouni, 2017 Alberta Court Of Appeal: Trafficking & Trial Delay

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Appeal from conviction on drug trafficking charges. 11(b) issue. Trial judge declined to grant a stay. Issue as to whether time taken for reserved judgments should count towards the presumptive ceiling for delay under the Jordan / Cody framework. Held: Appeal dismissed; no 11(b) breach. Question left open as to whether time for trial judge … Read More.

October 12th, 2017

R v Jerace, 2017 Edmonton Court Of Queen’s Bench per Manderscheid, J:

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Summary conviction appeal from assault conviction. Issue regarding trial judge’s decision not to stay the proceedings on the basis of an alleged 11(b) breach. Transitional case. Trial judge found parts of the delay were attributable to the defence. Argument that the trial judge ought to have considered the Morin factors, including specific prejudice, given that … Read More.

R v Cameron, 2017 Calgary Court Of Queen’s Bench per Jeffrey, J:

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Accused charged in 2012 and convicted in 2017 of tax evasion and fraud. Post conviction (at the sentence hearing) the accused brought a stay application on the basis of an 11(b) breach. The application alleged an unreasonable delay prior to conviction. Held: Application dismissed. “A remedy for unreasonable delay pre-conviction is only available post-conviction in … Read More.