Summary conviction appeal from assault conviction. Issue regarding trial judge’s decision not to stay the proceedings on the basis of an alleged 11(b) breach. Transitional case. Trial judge found parts of the delay were attributable to the defence. Argument that the trial judge ought to have considered the Morin factors, including specific prejudice, given that it was a transitional case.
Held: Appeal dismissed.
“Jordan emphasizes that, ‘[f]or cases currently in the system, the [new] framework must be applied flexibly and contextually, with due sensitivity to the parties’ reliance on the previous state of the law’ … the new Jordan framework eclipsed the old Morin framework, subject to the two qualifications identified by the Supreme Court; and second, the Jordan framework applies immediately to transitional cases, albeit in a manner ‘sensitive’ to the fact that parties might have relied on the old Morin regime and conducted their business at a more leisurely pace”.
K. Engel – Defence Counsel