New trial ordered for Sask. man whose drug trafficking charges were stayed due to COVID-19 delays
A Saskatchewan man who had his charges stayed based on pandemic delays in court will be headed back for trial, after a ruling from the Saskatchewan Court of Appeal.
According to a decision dated Jan. 18, a man charged with possession of cocaine for the purpose of trafficking successfully applied for a judicial stay of his charges. The application to the judge was based on Section 11(b) of the Canadian Charter of Rights and Freedoms, which covers trial within a reasonable time.
Preliminary hearings were adjourned twice in compliance with COVID-19 protocols then in place at the Provincial Court, determining the total delays stretching to the end of a trial would be 1,318 days.
According to the trial judge:
- 216 days were caused by defence delay
- 77 days were caused by “discrete exceptional circumstance,” the first pandemic adjournment
- 1,025 days were unaccounted for, including the second pandemic adjournment
The trial judge ruled the unaccounted for delays were above the allowed amount, or “presumptive ceiling” of 942 days and granted the stay.
“We have found that the trial judge erred in his characterisation of the second COVID 19 adjournment,” the Court of Appeal said in its decision, adding the second delay of 221 days was also exceptional circumstance, putting the case back below the ceiling.
The Crown appealed the decision based on evidence all parties, including the defence, had agreed to the second adjournment and its exceptional circumstances based in part on court records that said: “COVID adjournment, this is the earliest date available.”
The decision said the records are not an express waiver of the delay, but does show the accused had admitted the delay was both required due to the pandemic and an exceptional circumstance, through his council.
“We therefore allowed the appeal, set aside the stay of proceedings, and remitted the matter to the Court of King’s Bench for trial.”
CTVNews.ca Top Stories
'Nonsense:' Doug Ford slams lawsuits filed by Ontario school boards against social media platforms
Premier Doug Ford says that lawsuits launched by four Ontario school boards against a trio of social media platforms are “nonsense” and risk becoming a distraction to the work that really matters.
Several flight attendants from Pakistan have gone missing after landing in Canada
Multiple flight attendants from Pakistan International Airlines have abandoned their jobs and are believed to have sought asylum in Canada in the past year and a half, a spokesperson for the government-owned airline says.
Tipping is off the table at this Toronto restaurant
A Toronto restaurant introduced a surprising new rule that reduced the cost of a meal and raised the salaries of staff.
Rainfall warnings of up to 90 mm among weather alerts in effect for 7 provinces
Rainfall warnings of up to 90 millimetres, air quality advisories and other alerts have been issued for seven Canadian provinces, according to the latest forecasts.
Canada Post’s newest stamp features special cookies for Islamic holiday
Canada Post’s newest specialty stamps feature “melt-in-your-mouth” desserts to mark two Islamic festivals, the crown corporation announced Thursday.
King Charles calls for acts of friendship in first public remarks since Kate's cancer diagnosis
King Charles III gave public remarks for Maundy Thursday, addressing the importance of acts of friendship, following his and Catherine, Princess of Wales’ cancer diagnoses.
A dog and a bird formed an unlikely friendship. Their separation has infuriated followers
Peggy is a stout and muscular Staffordshire bull terrier, and Molly is a magpie, an Australian bird best known for swooping on humans during breeding season, not for befriending dogs. But in an emotional video posted online, Peggy’s owners announced that the animals had been separated.
Statistics Canada reports real GDP up 0.6 per cent in January as Quebec strikes end
Canada's real gross domestic product grew 0.6 per cent in January, helped by the end of public sector strikes in Quebec in November and December, Statistics Canada said Thursday.
Ukrainian child asylum seekers in St. John’s get class of their own
Roughly 50 children will gathered in a St. John’s classroom for the first time on Saturday for unique lessons on Ukrainian language, culture and history.