Court delays set Surrey man free

Barrett Richard Jordan spent 21 months too long waiting to hear his fate, Appeal Court rules.

A Surrey man convicted and sentenced for his role in a dial-a-dope operation in Langley is being set free because his trial took too long.

Barrett Richard Jordan was arrested in 2008 and sentenced to four years in prison in 2013 in connection with a drug operation.

On Dec. 17, 2008, the police executed a search warrant at an apartment on 68 Avenue in Surrey. Among other things, the police seized 42.3 grams of heroin, 1,463.5 grams of cocaine and crack cocaine, $6,640 in cash and what was alleged to be a “shift calendar” for the dial-a-dope line.

On Dec. 24, 2008, the charges against Jordan were expanded, including the contention that he was the controlling figure behind the operation.

However, Jordan filed an appeal, saying the courts failed to uphold his constitutional guarantee “to be tried within a reasonable time.”

A person charged with an offence is guaranteed the right to be tried within a reasonable time under the Charter of Rights and Freedoms.

Courts have used different tests for what constitutes reasonable.

Any delays must be institutional and not because of sickness or because of the complexity of the trial. Reasonable institutional delays are usually considered to be between 14 and 18 months.

Jordan’s trial was fairly straightforward, the Appeals Court justices noted in a July 8 ruling, saying an unreasonable delay would be if court proceedings, from a criminal charge to the end of a trial, took longer than 18 months in provincial court or 30 months in superior court.

The Appeal Court said it could have been expected the case against Jordan should have taken 28.5 months. In fact, the case took 49.5 months until its conclusion.

The justices ruled the 21-month delay (four months of which were because of defence) were a violation of Jordan’s Section 11 rights under the Constitution and convictions against him were set aside.

 

Just Posted

Heritage Surrey launches time-lapse mapping tool

It matches local historical images to modern-day locations

UPDATE: Delta man charged in stabbing of woman, off-duty cop outside North Delta elementary school

Manoj George, 49, is facing two counts of aggravated assault and two counts of assault with a weapon after the incident on Wednesday, Feb. 20.

Surrey RCMP asks for public’s help finding missing 52-year-old

Police say William Michaels last seen on Feb. 19

Private school for hockey players pitched for Surrey’s Excellent Ice arena

Lark Group draws up expansion plan for facility built and operated by the Surrey company since 1999

From a drunk judge to Clifford Olson: George Garrett recounts a life in B.C. news radio

New book from ‘Intrepid Reporter’ George Garrett offers readers a glimpse behind the headlines

Sell regulated heroin to curb B.C.’s overdose problem: report

B.C. Centre on Substance Use points to organized crime and money-laundering as contributing factors

Galchenyuk scores in OT as Coyotes edge Canucks 3-2

Vancouver manages single point as NHL playoff chase continues

B.C. legislature moving suspended staff controversy to outside review

Whale watching, Seattle Mariners trips billed as emergency preparedness, Speaker Darryl Plecas says

Two boys saved after falling through ice in Coquitlam

RCMP say a Good Samaritan pulled the kids to safety

More people signing up for compulsory vaccines

Maple Ridge mom says public tired of hearing about measles

Why do zebras have stripes? Perhaps to dazzle away flies

Researchers from University of Bristol look into why zebras have stripes

Poll: More voters believe Canada doing worse under Trudeau government

22 per cent believed the country is doing better and 27 per cent said things are the same

HBC shuttering Home Outfitters across Canada

North America’s oldest retailer is revamping its various stores to improve profitability

BC SPCA investigates Okanagan woman with prior animal abuse convictions

BC SPCA is investigating a property near Vernon

Most Read