James Cody v. Her Majesty the Queen

(Newfoundland & Labrador) (Criminal) (As of Right)


Canadian charter (Criminal) - Criminal law, Right to be tried within a reasonable time (s. 11(b)) - Charter of rights - Criminal law - Right to be tried within reasonable time - Delay between time appellant charged and anticipated end of trial was 60 months and 21 days - Whether majority of Court of Appeal erred in attributing certain periods of delay to conduct of defence - Whether majority of Court of Appeal erred in labelling certain period of delay as “exceptional circumstances” and others as “transitional exceptional circumstances” as per R. v. Jordan, 2016 SCC 27 - Canadian Charter of Rights and Freedoms, s. 11(b).


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The appellant was charged with trafficking marijuana and cocaine, possession of a prohibited weapon and breach of probation, but the charges were stayed by the trial judge on the basis of unreasonable delay. Sixty months and twenty-one days had elapsed between the time the charges were laid and the anticipated end of the appellant’s trial. The Crown appealed. Applying the recent decision of R. v. Jordan, a majority of the Court of Appeal allowed the appeal and remitted the matter for trial. White J.A., dissenting, would have dismissed the appeal.