Christian Joffre Ouellette v. His Majesty the King

(Alberta) (Criminal) (By Leave)


Canadian charter (Criminal) - Right to be tried within a reasonable time (s. 11(b)), Criminal law - Charter of Rights — Right to be tried within reasonable time — Criminal law — Right of accused to be present — How the Jordan framework should apply to delay emanating from a co-accused — In what circumstances can delay resulting from the actions or inactions of a co-accused be treated as an exceptional circumstance — Do the Crown and court have a duty to mitigate co-accused delay — Does an accused person have the right to be personally present during pre-trial conferences where the discussion engages their vital interests — Does a trial judge have an obligation to intervene where the right to be present is imperiled?



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Mr. Ouellette and a co-accused were charged with offences arising from the fatal shootings of two people in a parking lot. The trial judge dismissed a motion to stay proceedings for breach of the right to be tried within a reasonable time guaranteed by s. 11(b) of the Canadian Charter of Rights and Freedoms. Mr. Ouellette was convicted of first degree murder and second degree murder. The Court of Appeal dismissed an appeal from the convictions. The Court of Appeal dismissed an application to re-open the appeal.