THUNDER BAY -- A Superior Court judge in Thunder Bay has ordered a stay of proceedings against a man charged almost four years ago with possession of drugs for the purpose of trafficking.
Justice Bonnie Warkentin ruled that Brent Waboose's right to be tried within a reasonable time had been violated.
According to a framework established by the Supreme Court of Canada in 2016, an unreasonable delay is presumed if proceedings — from the date of charge to conclusion of a trial — exceed 18 months in Provincial court or 30 months in Superior Court. The guideline for Provincial court trials can be extended if there is a preliminary inquiry.
Waboose was charged with possession of a controlled drug for the purpose of trafficking after he was searched on arrival at Fort Hope in December 2013.
A trial date was ultimately set for June 23, 2017, forty-two months after the charge was laid.
In a decision released last month, Judge Warkentin deducted delays not attributable to the Crown and calculated a net delay of almost thirty-six months.
The judge said "there was a general lack of diligence in moving this case forward," and noted that a preliminary inquiry that was supposed to last two days required more than 12 months to complete.
She ruled that the delay exceeding the ceiling of 30 months could not be justified, and granted Waboose a stay of proceedings under the Charter of Rights and Freedoms.
