Summary

Keywords

Charter of Rights and Freedoms — Right to be tried within a reasonable time — Should a period of delay when the Crown is failing in its duty to disclose be counted as defense delay in a Jordan application — Does an accused have to show that a different result would have ensued in order to show that the trial was rendered unfair by late disclosure after the commencement of trial — Does a court of appeal’s failure to consider a ground of appeal frustrate the appellate review process and render the process procedurally unfair and, if so, is a remedy available?

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Mr. Shaheen was charged with trafficking fentanyl, fraud and mischief. The trial judge dismissed a pre-trial motion to stay charges for breach of the right to be tried within a reasonable time guaranteed by s. 11(b) of the Charter of Rights and Freedoms. Mr. Shaheen was convicted for trafficking in fentanyl, fraud and public mischief. The Court of Appeal dismissed an appeal from the convictions.

Lower Court Rulings