R. v. Edwards

canada, canadian, case law, court opinion, canlii, onca, 2026onca609, 2026 onca 609 (canlii), 2026, onca, 609, (canlii), coa-25-cr-0788, 2026, criminal and statutory offences, appeal, charter remedy, stay of proceedings, crown appeal from stay entered on s. 11(b) grounds, recalculation of total and net delay in firearm prosecution, jordan ceiling applied to determine reasonableness, stay of proceedings set aside, new trial ordered, procedure, appeals, new issue on appeal, whether crown permitted to raise delay, characterisation issue not raised below, sufficiency of record and absence of tactical choice, miscarriage of justice considerations under r. v. mengistu and r. v. reid, discretion exercised to hear new issue, issue permitted on appeal, procedure, charter applications, delay characterisation, discrete exceptional circumstances, whether 119 days for additional continuation dates is a discrete exceptional circumstance, good faith incorrect trial estimate following judicial pre, trial, jordan, para. 73 applied to inadequate time estimates, 119 days deducted from overall delay, net delay reduced, procedure, charter applications, mitigation of delay, whether crown and court made reasonable efforts to conclude trial under ceiling, continuation dates offered in february, march, may, with counsel unavailability, defence tardiness in signalling and filing s. 11(b) application considered, apportionment rejected as boulanger distinguished, reasonable efforts found, constitution, canadian charter of rights and freedoms, s. 11(b), reasonable time, whether net delay, after deductions, exceeded 18, month jordan ceiling, additional 119 days deducted as discrete exceptional circumstance, net delay found under ceiling and not unreasonable, no s. 11(b) breach, appeal allowed, stay set aside, new trial ordered