Drug trafficking charges against Alta. man and Sask. couple tossed after taking too long to go to trial

‘Most criminal cases in the Superior Court in Alberta now generally fall toward the limits of the Jordan ceiling.’

By Amy Jackson

The police did their job making arrests in a drug trafficking investigation but the court system wasn’t able to do its job. Justice Kent J. Teskey ordered a stay of proceedings against Shane Lawrence Brazil, Gary J. Reid, and Destiny Reid after their charges took too long to go to trial.

In 2016 the Supreme Court of Canada ruled cases must be heard within a certain time frame. The Jordan ruling stipulates that once charges are laid, provincial cases must be heard within 18 months and superior court cases within 30 months.

“Fundamentally, the record of this case demonstrates a failure of the government to resource the Justice system and the inability of the Courts to mitigate this resource failure,” said Justice Teskey in his June 27 decision in Fort McMurray Court of King’s Bench.

Shane Lawrence Brazil of Spruce Grove, Gary J. Reid, and Destiny Reid of Saltcoats, Sask. were charged in January 2022 of possessing property obtained by crime over $5,000 and careless use of a firearm. Brazil was additionally charged with trafficking cocaine and possession for the purpose of trafficking.

The trial had been set to begin in April with 13 witnesses ready to testify but there was no judge to hear the case. The trial was then rescheduled for July 17 and 18.

In his decision, Justice Teskey also warned that “most criminal cases in the Superior Court in Alberta now generally fall toward the limits of the Jordan ceiling.”

amy@criminalsamongus.ca