James Cody v. Her Majesty the Queen

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


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.

Lower Court Rulings

April 25, 2014
Supreme Court of Newfoundland & Labrador, Trial Division

201101G3741, 2014 NLTD(G) 52
Charges stayed
October 24, 2016
Supreme Court of Newfoundland and Labrador - Court of Appeal

201501H0003, 2016 NLCA 57
Appeal allowed; matter remitted for trial