Episode 6: R. v. Flemmings
Shea Flemmings v. His Majesty the King
This is a bonus episode that features oral argument for leave to appeal to the Supreme Court. The applicants, Mr. Flemmings and Mr. Agpoon, received a stay of proceedings at trial under sections 11(b) and 24(1) of the Charter because of unreasonable delay in bringing them to trial. The heart of the issue was the impact of the COVID-19 pandemic on delay. The Crown preferred a direct indictment to mitigate delay caused by the COVID-19 pandemic. However, the applicants successfully argued at trial that the direct indictment was brought unreasonably late. The Court of Appeal overturned the stay and ordered a new trial. That case was called Agpoon.
An accused person is entitled to an oral hearing to argue leave to appeal to the Supreme Court when, as here, a court of appeal overturns an acquittal or stay on an indictable charge and orders a new trial.
The applicants sought leave to the Supreme Court, submitting that this case was the Court’s first and best chance determine how COVID-19 delay should be treated under s. 11(b) of the Charter.