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
American millionaire Jonathan Lehrer denied bail after being charged with killing Canadian couple
American millionaire Jonathan Lehrer, one of two men charged in the killings of a Canadian couple in Dominica, has been denied bail.
LeBlanc says he plans to run in next election, under Trudeau's leadership
Cabinet minister Dominic LeBlanc says he plans to run in the next election as a candidate under Prime Minister Justin Trudeau's leadership, amid questions about his rumoured interest in succeeding his longtime friend for the top job.
Sports columnist apologizes for 'oafish' comments directed at Caitlin Clark. The controversy isn’t over
A male columnist has apologized for a cringeworthy moment during former University of Iowa superstar and college basketball’s highest scorer Caitlin Clark’s first news conference as an Indiana Fever player.
U.S. vetoes a widely supported UN resolution backing full membership for Palestine
The United States has vetoed a widely backed UN resolution that would have paved the way for full United Nations membership for the state of Palestine.
Grandparent scam suspects had ties to Italian organized crime, police allege
A group of suspects that allegedly defrauded seniors across Ontario and other parts of Canada using a so-called emergency grandparent scam appear to have ties to 'Italian traditional organized crime,' according to an investigator involved in the OPP-led probe.
Health Canada to change sperm donor screening rules for men who have sex with men
Health Canada will change its longstanding policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned. The federal health agency has adopted a revised directive removing the ban on gay, bisexual and other men who have sex with men, effective May 8.
Prince Harry formally confirms he is now a U.S. resident
Prince Harry, the son of King Charles III and fifth in line to the British throne, has formally confirmed he is now a U.S. resident.
Cat found on Toronto Pearson airport runway 3 days after going missing
Kevin the cat has been reunited with his family after enduring a harrowing three-day ordeal while lost at Toronto Pearson International Airport earlier this week.
N.L. gardening store revives 19th century seed-packing machine
Technology from the 19th century has been brought out of retirement at a Newfoundland gardening store, as staff look for all the help they can get to fill orders during a busy season.