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
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.
February 9th, 2018
R v 1478876 Alberta Ltd, 2018 Edmonton Provincial Court – Stay Entered When Trial 6 Days Under 18 Month Presumptive Limit
Public Health Act prosecution against 4 individuals and one corporation. S 11(b) application. Total delay was 6 days under the 18-month presumptive ceiling. Held: s 11(b) violation; stay entered. Defence took reasonable steps to expedite proceedings. Complexity was at the low end of the spectrum, and any complexity arising from the large number of counts … Read More.
December 29th, 2017
Accused charged with trafficking marijuana seeds. Section 11(b) application. As of hearing date total delay was 18 months 28 days, but trial was scheduled to continue in June 2018. Crown argued that 15 weeks should be deducted as defence delay as waiting for certificates of analyses to be disclosed before setting dates was unnecessary. Held: … Read More.
November 17th, 2017
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.
November 8th, 2017
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
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.
September 13th, 2017
Impaired driving case arising out of Ponoka. Defence application to change the venue of the trial to Wetaskiwin, given that trial dates were available 3 months earlier in Wetaskiwin. Held: Application granted. A change of venue was expedient to the ends of justice: CJC, 2005 BCSC 694. The presumption is that trials ought to proceed … Read More.
August 11th, 2017
Section 525 bail reviews in relation to multiple accused. Held: Recommendations made. “The Supreme Court of Canada has recently attempted to jolt us out of our complacency with respect to the pace of criminal proceedings”. Section 525 CC is a mechanism established by Parliament to ensure that trials are held within a reasonable time. Recommendations … Read More.
June 8th, 2017
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
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.