Case # 36068
Barrett Richard Jordan v. Her Majesty the Queen
Between March and December 2008, the applicant was the subject of a police investigation into a dial-a-dope operation selling cocaine and heroin. The police executed a search warrant at the applicant’s residence which yielded 42.3 grams of heroin, 1463.5 grams of cocaine and crack cocaine, $6640 in cash and an employee “shift calendar” for the dial-a-dope line. The applicant was charged with several drug trafficking related offences in 2008. In September 2012 the applicant brought an application for judicial stay of proceedings pursuant to s. 24(1) of the Charter alleging his rights under s. 11(b) had been infringed due to an unreasonable delay in bringing his case to trial. The trial judge found that 32.5 months of delay in this case was due to institutional delay. (October 07, 2015)
Case # 36112
Her Majesty the Queen v. Kenneth Gavin Williamson
The Respondent was charged with sexual offences against a young boy committed over thirty years ago. He was arrested at the school where he taught on January 6, 2009. The Information, charging the Respondent, was sworn the following day. He was held in custody until January 12, 2009, when he was released on bail. He elected for a trial by judge and jury in the Superior Court of Justice, which was scheduled to commence on December 12, 2011. The record of the case indicated that the preliminary inquiry was adjourned once because another matter took precedence and a second time because the presiding judge and investigating officer were not available. The accused and his lawyer travelled from Ottawa on both of these dates without prior notice that the proceedings would be adjourned. On August 4, 2010, the judicial pre-trial conference in the Superior Court was adjourned because the assigned Crown counsel was not present. Although earlier dates were available, there was no evidence about whether Crown counsel was available earlier than September 29, 2010, when Crown counsel attended and the pre-trial conference took place. The matter was then adjourned to the assignment court on October 22, 2010, when the pre-trial applications and jury trial were scheduled. The record also disclosed that the Crown delayed in providing full disclosure, resulting in four months of delay. A number of pre-trial applications were brought by both the Crown and defence. The jury trial began on December 12, 2011 and ended on December 20, 2011.