R. v. H.Y.M.

(Calgary Court of Justice - Section 11(b)). HM was charged with traffic infractions arising from a head-on, fatality collision. The original jurisdiction of the Court was at the Strathmore Court of Justice, but after two trials, adjourned due to no fault of the accused, the case was moved to Calgary. A third trial was scheduled but unlike the prior two lost trials, the accused filed a motion for a judicial stay of proceedings on grounds that the accused's trial was neither heard nor completed within a reasonable period of time. 

The first trial was lost because the Crown had not subpoenaed witnesses or given expert notice. The second trial was lost because the Prosecution's expert could not be procured for the trial, thus necessitating its adjournment application. The third trial carried the case to approximately 2 years of delay. As a result of the delay, HM's Calgary criminal lawyer filed notice for relieve under the Canadian Charter of Rights and Freedoms.

The defence argument that the delay ceiling as set out in R. v. Jordan was unsuccessful. The Crown successfully argued that the Jordan ceiling did not apply to traffic infractions -- even those that involved a fatality. However, the defence successfully obtained a judicial stay of proceedings on grounds that the Justice held that the crown was responsible for the delay and that notwithstanding the non-application of Jordan, the delay was nevertheless unreasonable. 

Defending fatality prosecutions can be very important because the deceased (family, friends or estate) could use the prosecution to drive a civil lawsuit for damages. 

David Chow is not a lawyer who sues for damages and as such, cannot give legal advice in this area of law. While David practices exclusively as a criminal defence lawyer and roadside sanctions lawyer in Alberta, he understands the intersection between the criminal standard of proof and the test for liability in civil litigation. If you are searching for a criminal defence lawyer in Calgary or anywhere in Alberta, call David Chow for a free initial telephone consultation.