Judge doesn't toss case based on delays, some caused by COVID-19

A Saskatchewan judge denied an application to toss out sexual assault charges against a Loon Lake man for what defense called a violation of his client’s charter rights due to unreasonable delays.
Shortly before a trial for Cyle Awasis was to start in October, defence lawyer Chris Gratton filed a stay of proceedings application based on the Jordan Decision. In 2016 the Supreme Court ruled cases must be heard within a certain time frame. Jordan’s Decision stipulates that once charges are laid, provincial cases must be heard within 18 months and superior court cases within 30 months.

“The impact on this application is obvious,” said Judge Michael Segu in his October 2020 ruling. “Most trial courts in Saskatchewan started curtailing service around March 18."

Since the information was sworn against Awasis, a total of 31 months and 12 days had elapsed and Gratton argued this violated the 18-month ceiling set out by the Supreme Court in the Jordan Ruling.

Senior Crown Prosecutor Chris Poudrier, however, argued that significant periods of time could be attributed to either the accused’s actions or the COVID-19 global pandemic and once those times are deducted from the 31-month delay, the delay is within the prescribed timelines. The Crown argued that the COVID-19 pandemic constitutes an exceptional circumstance that should be subtracted from the total time to trial.

Judge Segu said the accused’s rights in the Charter aren’t impaired until the warrant has been executed against him. Awasis wasn’t arrested until Jan. 13, 2019.

A trial date was set for Jan. 23, 2020. On that date, however, there wasn’t enough time to hear the trial due to docket and other trial matters. The accused was present for his trial as were the Crown witnesses. A new trial date was set for May 28, 2020.

“I am not prepared to attribute this period of time, January 23 – May 28, 2020, to defence delay, as the Court being unable to hear his case is not the fault of Mr. Awasis.”

Judge Segu, in his ruling, however, said the period from May 28, 2020, to Sept. 3, 2020, should be properly deducted as a “discrete event” attributable to the COVID-19 pandemic. Subtracting that amount from the net delay leaves a delay of 493 days, or just over 16 months, which is within the prescribed Jordan timelines.

“Courts across the country, and indeed around the world, were severely curtailed in their ability to hear trials and deal with matters generally,” said Judge Segu. “The situation was entirely without precedent.”

Awasis’ trial will proceed on Nov. 5, 2020, in Loon Lake Circuit Court.