R. v. Elite Farm Services Ltd.

R. v. Elite Farm Services Ltd.

The Jordan framework and 30-month presumptive ceiling apply to corporate accused; after attributing 574 days to defence delay, defence waiver, and discrete events (COVID-19 and late hard drive discovery), net delay is 659 days (≈21.67 months), below the 30-month ceiling, therefore no s.11(b) breach and the stay application is dismissed.

Citation
2021 BCSC 1996
Parties
Crown: Regina; Accused (corporate): Elite Farm Services Ltd.; Accused (individual): Dwayne Paul Dueck; Accused (corporate): Sofina Foods Inc./Aliments Sofina Inc.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 October 2021
Procedural Posture
Criminal (animal Cruelty; Direct Indictment) / Pre Trial Application Under S.11(b) Charter to Stay; Application Dismissed; Matter to Proceed to Trial
Outcome
Application to stay proceedings dismissed
Legal Topics
Section 11(b) Charter (trial Within Reasonable Time), Jordan Framework (30 Month Presumptive Ceiling), Corporate Accused and S.11(b), Disclosure (stinchcombe; O'connor), Stay of Proceedings, Abuse of Process, Video Evidence Admissibility, COVID 19 Court Suspension
Source Language
English
Criminal Law Charter Law Evidence Procedural Law Section 11(b) Charter (trial Within Reasonable Time) Jordan Framework (30 Month Presumptive Ceiling) Corporate Accused and S.11(b) Disclosure (stinchcombe; O'connor) +4 more

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Parties

Regina

Crown

Elite Farm Services Ltd.

Accused (corporate)

Dwayne Paul Dueck

Accused (individual)

Sofina Foods Inc./Aliments Sofina Inc.

Accused (corporate)

Procedural Posture

Criminal (animal Cruelty; Direct Indictment) / Pre Trial Application Under S.11(b) Charter to Stay; Application Dismissed; Matter to Proceed to Trial

Legal Issues

  1. 1 Whether the Jordan framework applies to corporate accused
  2. 2 Whether the presumptive 30-month ceiling in Jordan was exceeded
  3. 3 Whether corporate accused must prove irremediable prejudice (CIP)

Ratio Decidendi

The Jordan framework and 30-month presumptive ceiling apply to corporate accused; after attributing 574 days to defence delay, defence waiver, and discrete events (COVID-19 and late hard drive discovery), net delay is 659 days (≈21.67 months), below the 30-month ceiling, therefore no s.11(b) breach and the stay application is dismissed.

Court Disposition

Application to stay proceedings dismissed

Orders

  • Stay application under s.11(b) dismissed
  • Proceedings to continue to trial on scheduled dates