Court delays result in theft, fraud charges being stayed for former Fredericton car dealer
CBC
Delays in New Brunswick's justice system have resulted in several theft and fraud charges being stayed against a former Fredericton car dealer.
In a written decision dated March 6, Court of King's Bench Justice Terrence Morrison stayed 25 charges against William Cornford, after his defence lawyer filed an application arguing the length of time between the charges being laid and the scheduled conclusion of his trial was unconstitutional.
It's the second time in as many months that a New Brunswick judge has stayed charges against someone because of unreasonable delays in the court process.
Cornford, a former co-owner of W&P Auto Sales on Riverside Drive, was initially charged on July 31, 2020, and then faced additional charges on Nov. 26, 2020.
The charges included theft, fraud and uttering forged documents and false pretences related to the business. His scheduled four-week trial would have begun on May 29 and ended on June 23.
However, Morrison agreed that the scheduled end date would surpass the 30-month ceiling for how long it should take for a superior court case to be completed, as decided by the Supreme Court of Canada.
Ben Reentovich, Cornford's lawyer, said the charges being stayed equates to there being a "permanent pause" on the proceedings.
"This is not a technicality," Reentovich said. "This is a fundamental right that each of us have, and … it protects all of us because it encourages the system to act more efficiently."
The most significant delay outlined in Morrison's decision happened when a scheduled Jan. 7, 2022, preliminary inquiry had to be rescheduled to March 11 of that year because the judge had to isolate with COVID-19 as per Public Health directives.
Morrison said the Crown argued the circumstances were exceptional and shouldn't count in the days tallied to meet the 30-month ceiling for allowing charges to be stayed.
Morrison said he agreed that the circumstances were exceptional, but added that the Crown didn't appear to take any reasonable steps to overcome that delay.
There wasn't any evidence to show that the complexity of the case would have been a reasonable excuse for why it dragged on for so long, he said.
"I am not satisfied that the Crown has demonstrated that this is a particularly complex case," Morrison wrote.
"Accordingly, the Crown has failed to rebut the presumption that the delay in this case was unreasonable."
Saskatoon city hall says police spending is projected to be $2.6 million over budget this year. That pushes the city into a $1.2-million deficit position, according to a report that will be considered by city council next week.
Students at the University of Regina are days away from deciding whether a newly formed student association should become their official representative body.
All public schools on P.E.I. are closed Friday and thousands of Maritime Electric customers are without power as strong winds create hazardous travel conditions across the province.
Prince Rupert, B.C., residents are celebrating the holidays this year with coastal flair.
In the four years Chelsey Simmonds has worked at the Eva Rothwell Centre, she has seen the need increase every year at the centre’s community food pantry.
CBC is once again looking to make the holiday season kind in Windsor-Essex.
Acute Care Alberta has extended its contract for another year with a private surgical facility at the centre of probes into health procurement and contracting.
As food bank use continues to climb across the province, front-line workers in Thunder Bay, Ont., are working to improve both food security and education.
More ads could soon be coming to Toronto’s subway system.
The driver wanted in connection with a fatal hit and run on Highway 401 earlier this week has been identified, police say.
There are mixed feelings about the proposed Grays Bay road and port project, among people who live in nearby communities.
WARNING: This story details allegations of child abuse and includes graphic content.
Provincial police in Lambton County have charged a 23-year-old man with second degree murder following a death investigation that began this past Saturday.