Our client was charged with Possession of Cocaine for the Purposes of Trafficking. 2 weeks before the first trial date, a Crown witness became unavailable as a result of illness. The trial was adjourned and re-scheduled a year later, 8 months beyond the 30 month Jordan ceiling. Waugh & Associates brought an 11(b) Application and argued that our client’s right to a trial in a reasonable time had been breached. Ultimately, the court held that the unavailability of the crown witness was an exceptional circumstance. However, the court agreed with defence submissions that the crown had not taken adequate steps to mitigate the delay resulting from the trial adjournment. As such, the court held that the delay was unreasonable and entered a Judicial Stay of Proceedings.
Outcome: Judicial Stay of Proceedings. All charges dropped before trial.
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