Episode 3: His Majesty the King v. Robert Vrbanic, et al.
His Majesty the King v. Robert Vrbanic, et al.
The two respondents, jointly tried for a number of drug trafficking and related charges, argued that the delay in their case was unreasonable. While both the Crown and Defence agreed at trial that the delay was over the 18-month presumptive Jordan ceiling, the Crown sought to justify the delay by arguing that the complexity of the case necessitated the delay. The trial judge disagreed and stayed the charges. The trial judge found that the delay in the case was not justified as exceptional because of any complexity.
A majority of The Ontario Court of Appeal agreed with the trial judge and found no errors in the trial judge’s reasoning, or decision to stay the charges. Justice Roberts, dissenting, would have allowed the Crown’s appeal as a result of the miscalculation of the total net delay, and as a result of misapplying the governing principles in relation to what constituted an exceptional circumstance.