Conviction appeal on drug trafficking charge. 3 year delay prior to trial. Delay primarily due to: Crown decision to prosecute 7 accused together, Crown delay in providing full disclosure, and an adjournment given the Crown’s decision to travel to attend a funeral. Trial judge also found no s. 9 breach in the police failure to have the accused appear before a JP for bail within 24 hours of arrest.
Held: Appeal dismissed. Leave to appeal to the Supreme Court of Canada granted (pending).
Trial judge did not not err in failing to find a s. 11(b) breach. Complex case involving considerable disclosure and multiple co-accused. Regarding s. 9, the bail process was “reasonably prompt … There was evidence that the justices of the peace had other accused ahead of the seven accused persons in this matter.” O’Ferrall, JA dissented, finding breaches of both ss. 9 and 11(b).