Recent Cases

Jillian recently secured a complete stay of proceedings for a client facing serious criminal allegations of Assault and Failing to Provide the Necessities of Life.

The client and her husband were co-accused and faced allegations relating to the care of their children. The prosecution involved multiple charges and carried significant personal and legal and immigration consequences for both accused individuals.

Throughout the proceedings, the defence closely monitored the progress of the case and the Crown's disclosure obligations. As the matter progressed, concerns arose regarding the overall delay in bringing the case to trial and the impact that delay was having on the client's constitutional right to be tried within a reasonable time.

After a thorough review of the procedural history of the matter, Jillian brought an application under section 11(b) of the Canadian Charter of Rights and Freedoms, arguing that the delay had exceeded constitutionally permissible limits.

Part of this argument requires transcripts of court proceedings. At one of the proceedings, the Crown indicated that they would get a critical piece of disclosure to the defence quickly. It ended up taking over three months to get that disclosure. At the same proceeding the Crown submitted that even further disclosure was expected with respect to a specific witness. The hearing was scheduled and still that part of the expected disclosure was not available. This resulted in the Crown withdrawing all charges.

This case demonstrates the importance of protecting an accused person's constitutional rights throughout the criminal process. Effective criminal defence requires more than preparing for trial. Effective criminal defence also involves ensuring that the prosecution complies with its obligations and that proceedings move forward within the time limits guaranteed by the Charter.