Daniel Barna v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
Canadian charter (Criminal) - Criminal law, Elements of offence - Charter of Rights — Right to be tried within a reasonable time — Criminal law — Elements of offence — Whether the applicant’s s. 11(b) Charter rights were violated — Whether the Court of Appeal erred in not reversing the trial judge’s ruling on the applicant’s s. 11(b) Charter motion — Whether the prosecution can roll multiple charges and accused together and then on an 11(b) motion claim the case was “complex” because it required more time to be heard — Whether the Court of Appeal misinterpreted or misapplied the Lyttle decision — Whether the Court of Appeal erred in their consideration of willful blindness and the actus reus of the offence — s. 11(b) of the Charter of Rights and Freedoms.
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The charges arise out of three separate financial transactions which occurred in September of 2009 in Toronto and Caledon. The Crown alleges that three fraudulent financial instruments totaling approximately $1.5 million were deposited into bank accounts at CIBC in Scarborough and the RBC in Bolton and the proceeds immediately withdrawn in cash or cash equivalents and dispersed. The Crown alleges that this was part of one scheme to defraud the banks in question and launder the money received. The Crown further alleges that Daniel Barna and other individuals were involved and participated in the scheme. Mr. Barna and the other co accused brought an application asserting that their s. 11(b) Charter rights had been breached due to the delay in the charges coming to trial. The application judge held that the transitional exceptional circumstance was dispositive and dismissed the s. 11(b) Charter application. Mr. Barna was convicted of money laundering and his conviction appeal was dismissed.
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