Case information

Charter of Rights — Constitutional law — Right to be tried within a reasonable time — Interlocutory deliberation delay characterized as discrete exceptional event — Remedy — Admissibility of evidence — Whether Quebec Court of Appeal erred in law in characterizing delay caused by deliberation in course of proceeding as discrete exceptional event — Given acquittal of applicant as regards his intention to traffic in cocaine seized, whether Quebec Court of Appeal erred in law in its analysis of third criterion of s. 24(2) of Charter by carrying out that analysis on basis of charge originally laid (possession for purpose of trafficking) — Canadian Charter of Rights and Freedoms, s. 24(2).

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.

In the context of an investigation into trafficking in drugs in the Gatineau region, the execution of a “false pretence” general search warrant led to the seizure of drugs from the vehicle of Mr. Woods, who was charged with trafficking in nine ounces of cocaine. Mr. Woods challenged the validity of the search warrant, the arrest warrant and the Feeney warrant used against him and argued that his right to counsel had been violated. The parties agreed to settle the issue of the admissibility of the evidence before proceeding on the merits. In two separate interlocutory judgments, the Court of Québec dismissed Mr. Woods’ motions to quash the three warrants and to exclude the evidence, as well as the subsequent motion to stay the proceedings for unreasonable delays, on the basis of its finding that the deliberation in the course of the proceedings in this case constituted a discrete event that had to be deducted from the net delay in the calculation of the reasonable time for trial. The Court of Québec acquitted Mr. Woods of the offence of trafficking and convicted him of the included offence of possession of cocaine. The Quebec Court of Appeal dismissed the appeal, the grounds for which related to the two interlocutory judgments.