Kelowna man’s ticket stayed due to pandemic-time court delays
In August 2022, he was told that his hearing was going to be in October of that year and then, again, it was postponed, this time at his behest due to a defence witness not being available. At that time the hearing was scheduled for January 2023.In November 2022, St. Martin applied to have the charge stayed based on the many delays he’d faced and last week the court ruled in his favour.The Supreme Court of Canada has set out a precedent in a case called R v.
“This presumption is, however, rebuttable if the Crown is able to show that there were exceptional circumstances. If the result is below the 18-month ceiling, then the delay is not presumptively unreasonable,” reads the decision by provincial court judge Andrew Tam. “In that case, it remains open to the defence to establish that it is nevertheless unreasonable by demonstrating that it took meaningful, sustained steps to expedite the proceedings.”The “Jordan clock” started ticking when St. Martin first received the ticket, and from start to finish, the time he had to wait for his hearing was 19.5 months.
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