the procedural sins of one co-accused on a procedurally innocent
co-accused to the prejudice of that accused’s individual s. 11(b)
rights. On a s. 11(b) application, it would always be open to an
accused to point to the tangible evidence of his or her proactive
efforts to move the case along to trial in the face of foot-dragging
by other co-accused. Evidence about how an accused responded
to the delaying conduct of a co-accused would play an important
role in assessing the accused’s ultimate responsibility for a case’s
delay, as occurred in R. v. Vassell,  1 S.C.R. 625, 
S.C.J. No. 26 and R. v. Manasseri (2016), 132 O.R. (3d) 401,
 O.J. No. 5004 (C.A.).
[ 206] Although I would locate the examination of delay
caused by a co-accused in “defence-caused delay” instead of
exceptional circumstances complexity, I would reach the same
result as my colleague: see her discussion of the issue in paras.
126 and 167-76.
[ 207] Accordingly, I concur with my colleague that Gopie’s
appeals from conviction and sentence should be dismissed.
Her Majesty the Queen v. Hansen
[Indexed as: R. v. Hansen]
2018 ONCA 46
Court of Appeal for Ontario, Sharpe, Watt and L.B. Roberts JJ.A.
January 22, 2018
Criminal law — Appeal — Unreasonable verdict — Confidential
informant suggesting in text messages to accused police officer that
CI would plant gun in M’s residence in order to end M’s relationship
with CI’s girlfriend — Accused encouraging that plan and preparing
information to obtain (“ITO”) warrant to search M’s residence for
cocaine — Accused stating in ITO that CI had claimed to have seen
handgun in residence — Accused omitting any reference to CI’s animus
towards M — Accused also including untrue statement in ITO that
CI had claimed to have seen scales and plastic wrap in M’s residence —
Accused convicted of one count of perjury and two counts of attempting
to obstruct justice — Verdicts not unreasonable.
Criminal law — Attempting to obstruct justice — Sentence — Accused
police officer formulating plan with confidential informant to have
CI plant handgun in drug dealer’s residence — Accused including false
and misleading statements in information to obtain search warrant for
residence — Conviction for obstruct justice and perjury by police officer
striking at core of justice system — Police officers holding special position of trust — Deterrence and denunciation paramount sentencing