(PUBLICATION BAN IN CASE)
Mr. Agpoon was charged in December 2018 with offences relating to human trafficking in minors, possession of fentanyl, and a firearms offence. Mr. Flemmings was added to the Indictment in December 2019 on counts related to human trafficking and possession of fentanyl. The case came before the Ontario Court of Justice before the COVID-19 pandemic closed all Ontario courts on March 17, 2020 and thereafter led to varying province-wide and regional closures, capacity restrictions and operational limitations. The Crown preferred a direct indictment on May 19, 2021. Mr. Agpoon and Mr. Flemmings applied to stay proceedings on the basis of delay. The Ontario Superior Court of Justice granted the application and stayed all charges. The Court of Appeal granted an appeal and set aside the stay of proceedings.
Argued Date
2024-05-22
Keywords
Charter of Rights — Right to be tried within a reasonable time — Criminal law — What test should trial judges apply under s. 11(b) of the Canadian Charter of Rights and Freedoms when deciding whether delay caused by the COVID-19 pandemic is reasonable?
Notes
(Ontario) (Criminal) (By Leave) (Publication ban in case)
Language
English Audio
Disclaimers
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