Our client was charged with multiple counts of Possession for the Purpose of Trafficking and Possession of a Prohibited Weapon. There were substantial issues with disclosure throughout this file. Cross examination of police witnesses at the preliminary inquiry revealed substantial information not previously disclosed to either Crown or defence counsel. This matter was scheduled for trial in June 2023. On the eve of trial, additional disclosure was discovered, and the trial had to be adjourned. In the months that followed, defence counsel continued to press the Crown to make full disclosure. It took several months before full disclosure was made and before trial dates could be re-scheduled. This trial started but could not be completed before the 30 month Jordan ceiling. The Court agreed with defence counsel’s calculation of delay and found that all of the delay on this file fell at the feet of the Crown. 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 mid-trial.

2025 BCSC 1242