November 23rd, 2017


R v Ferstl, 2017 Calgary Provincial Court – Trial In Reasonable Time, Retrial & Appeal Delay

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Application for a stay under 24(1) on the basis of unreasonable delay. Complex procedural history, including initial acquittal, successful Crown appeal, and order for a retrial. Issue of how the 18-month Jordan presumptive ceiling should be applied in the case of a retrial. Held: No s 11(b) breach. Pre-Jordan, delay “clock” stopped at acquittal, but … Read More.

November 17th, 2017


R v The Lake Louise Ski Area Ltd, 2017 – Calgary Provincial Court – Trial Delay

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Ski resort charged with strict liability offences in relation to cutting down endangered pine trees. S. 11(b) application. Defence argued a plea could not be entered until DNA test results regarding species of tree were disclosed. Transitional case. Held: no 11(b) breach.  As per JEK, 2016 ABCA 171, “[w]here an accused asserts a disclosure delay, … Read More.

August 4th, 2017


R v Naziel, 2017 Calgary Provincial Court 168 per Semenuk, PCJ:

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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 … Read More.

June 8th, 2017


R v Tetreault, 2017 Edmonton Court of Queen’s Bench 349 per Renke, J:

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Trial on various drug related offences. 11(b) application. 41.5 month delay from the date of being charged to the conclusion of the trial. Issues regarding whether any periods were “defence delay”, and whether the Crown established “transitional exceptional circumstances.” Held: No s. 11(b) breach. A total of 427 days of delay was found to have … Read More.

May 12th, 2017


R v Warring, 2017 ABCA 128 per Paperny, Veldhuis, Crighton, JA – T. Judge: Gates, J:

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Accused was charged with trafficking in heroin in 2011, and was convicted 4 years later in 2015. Accused brought an 11(b) stay application after conviction, but before he was sentenced. Trial judge found no 11(b) breach. Held: Appeal dismissed. “The appellant argues that Jordan applies throughout the sentencing process. That is not what Jordan says.” … Read More.

March 2nd, 2017


R v Grayson, 2017 ABQB 108 per Wilson, J:

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Jordan application. Unstated charges. Not a complex case. Preliminary inquiry took less than one day. Approximate 36 month delay. The preliminary inquiry was adjourned (causing 8 months of delay) as the primary investigator was unexpectedly hospitalized the night before. The Crown wanted to proceed with the preliminary inquiry, and call the investigator on a later … Read More.

February 9th, 2017


R v Lavoie, 2017 ABQB 66 per Belzil, J:

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Trial on charges including aggravated assault and robbery. Approximate 33 month delay to the expected end of the trial. 7 months of delay caused by time taken by the preliminary inquiry judge, and then the first trial judge, on reserved judgments. Defence argued at the preliminary inquiry that the Crown ought not to be permitted … Read More.

January 12th, 2017


R v Cabrera, 2016 ABQB 707 per Poelman, J:

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Jordan application. Unstated charges involving multiple accused. Accused originally charged in late November of 2013, and were convicted following a jury trial in June of 2016. Direct indictment preferred almost 1 year after the accused were charged. Issue regarding whether the 18 or 30 month ceiling applied to direct indictment cases. Held: No 11(b) breach. … Read More.

December 7th, 2016


R v Jerace, 2016 ABPC 233 per MacDonald, PCJ:

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Jordan application. Accused charged with assault. 23 month delay. The trial had been adjourned two times: (1) to allow defence counsel to attend at funeral; (2) new disclosure came to light to both the Crown and defence on the second trial date (a video recording captured by a Crown witness on his phone). Held: No … Read More.

December 1st, 2016


R v Jerace, 2016 ABPC 233 per MacDonald, PCJ:

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Jordan application. Accused charged with assault. 23 month delay. The trial had been adjourned two times: (1) to allow defence counsel to attend at funeral; (2) new disclosure came to light to both the Crown and defence on the second trial date (a video recording captured by a Crown witness on his phone). Held: No … Read More.