CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Trial within a reasonable time - Exceptional circumstances - Stay of proceedings

Law360 Canada (May 5, 2023, 11:28 AM EDT) -- Appeal by Hanan from a decision of the Ontario Court of Appeal affirming his convictions for manslaughter, discharging a firearm with intent to wound and possession of a restricted firearm without a license. On December 24, 2015, Hanan was charged following the shooting of two individuals. The day before the start of the trial on November 5, 2018, the Crown advised it had encountered significant issues which could delay the start of the trial. The defence offered to agree to a trial by judge alone, but the Crown refused. The trial was adjourned to October 28, 2019. The court had offered to reschedule at an earlier date but defence counsel was unavailable. Hanan brought an application for a stay of proceedings. The trial judge dismissed the application stating that although the net delay exceeded the Jordan ceiling, it was justified because it was a transitional case where the transitional exceptional circumstance applied. The parties had reasonably relied upon the law as it had been before Jordan was decided and while the parties were aware of Jordan, they had not yet developed a full understanding of its implications. Hanan argued a violation of his right to be tried within a reasonable time under s. 11(b) Charter. He also argued an error in the charge to the jury. The majority of the Court of Appeal dismissed the appeal....
LexisNexis® Research Solutions

Related Sections