Marco Milan, et al. v. Her Majesty the Queen, et al.

(Quebec) (Criminal) (By Leave)


Charter of Rights — Right to be tried within reasonable time — Transitional exceptional circumstance — Whether the Court of Appeal erred in failing to intervene, relying entirely on the standard of review, despite finding that the motions judge applied the transitional exception in a manner that exceeded the guidelines in Morin? — Whether the Court of Appeal erred in applying the transitional exception when it held that, since the post-Jordan delays were under 30 months, the pre-Jordan delays were the most important focus of analysis?


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In 2013, the applicants, Marco Milan, Robert Bryant and Louis Nagy, were charged with conspiracy to import narcotics. In 2017, they were indicted on four counts of conspiracy, possession for the purpose of trafficking and trafficking cannabis and cannabis resin and cocaine.

In 2018, a motion judge in the Quebec Superior Court dismissed their applications under s. 11(b) of the Canadian Charter of Rights and Freedoms for a stay of proceedings based on unreasonable delay. Mr. Bryant was found guilty on all four counts, Mr. Nagy on two counts and Mr. Milan on four counts. The applicants’ appeals from the judgment dismissing their s. 11(b) applications were also dismissed.

Lower Court Rulings

January 10, 2018
Superior Court of Quebec

2018 QCCS 480, 500-73-003997-133
Applications for stay of proceedings for unreasonable delay under ss. 11(b) and 24(1) of the Charter dismissed
December 1, 2021
Court of Appeal of Quebec (Montréal)

2021 QCCA 1807, 500-10-006927-188, 500-10-006929-184
Appeals dismissed