Crown appeals judge’s decision to throw out first-degree murder case over trial delays

Alberta Justice is appealing the province’s first case where murder charges were stayed because of unreasonable delays.

Lance Matthew Regan had his charge of first-degree murder stayed on Oct. 7, after the case took more than five years to go to trial.

READ MORE: Alberta murder case thrown out over trial delays; experts warn system on verge of collapse

A Supreme Court of Canada ruling earlier this year set new rules for how long a case can take from start to finish.

According to the framework, an unreasonable delay would be presumed should proceedings exceed 18 months in provincial court or 30 months in superior court from the date of charge to conclusion of a trial.

Watch below: Global’s past coverage of Jordan applications

1:54 Calgary court asked to drop another case because it is taking too long to be heard

• Calgary court asked to drop another case because it is taking too long to be heard
• Alberta murder case thrown out over trial delays; experts warn system on verge of collapse
• Lawyers in Calgary swarming death file motion that could see convictions stayed

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The decision is called R. vs. Jordan and any applications made citing its time guidelines are now called “Jordan applications.”

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In the decision for Regan, Justice S.D. Hillier said his right to be tried within a “reasonable time” was violated. He was accused in the stabbing death of Mason Tex Montgrand, 21, a fellow inmate at Edmonton Institution, on Aug. 16, 2011.

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READ MORE: Justice delayed – 3 Alberta sex assault cases rescheduled for 2017 due to judge shortage

The original application brought forward by Regan’s lawyer pointed to a lapse between the initial charge and the expected conclusion of trial, calculated at 62.5 months.

The R. vs Jordan ruling also notes there can be exceptional circumstances in “particularly complex” cases that would allow for an exception.

There are at least nine other major “Jordan applications” pending in Alberta. Four of those are Calgary cases. Two of those are murder cases and one is a conspiracy to commit murder case.

Earlier this month, charges were stayed against Jason Harron, a career criminal.

READ MORE: Calgary criminal case thrown out citing ‘unreasonable delays’

He was charged with a long string of offences, including criminal negligence causing bodily harm, after an incident with police in northwest Calgary in May 2013.