Charges dropped in Duncan drug and weapons case due to court delays

A woman facing drug and weapons charges in Duncan has had all charges against her thrown out after a BC Supreme Court judge ruled her right to a timely trial was violated.

According to a court document, Margaret Rose Conrad was charged with eight counts related to drug trafficking and possession of a prohibited weapon after RCMP searched her trailer on August 6th, 2022.

At the time, police seized multiple controlled substances and a conducted energy weapon during the search.

Conrad was initially arrested at the trailer and again in November 2022 after formal charges were sworn. But nearly three years later, her trial had still not begun and was slated to conclude in August.

That delay of nearly 34 months is above the 30-month threshold established by the Supreme Court of Canada in the landmark R. v. Jordan decision, which set a limit on how long criminal trials can take to ensure Canadians’ Charter right to be tried within a reasonable time.

In a written decision released June 4th, Justice Thompson found that none of the delays could be blamed on the defence. Instead, the court found that slow disclosure of evidence and administrative issues were responsible for pushing the trial far past the legal limit.

“This case does not turn on which party has the onus,” the judge noted. “It is clear that none of the delay in this case can be properly ascribed to acts of the accused.”

The Crown had argued that portions of the delay, including postponements in 2024, were caused by the defence’s decision not to proceed with trial dates in October.

But the court sided with Conrad’s lawyers, who said they weren’t given key evidence in time to adequately prepare.

Ultimately, the judge found no “exceptional circumstances” to justify the lengthy delay and ruled that Conrad’s rights had been breached.

As a result, the charges were stayed, meaning the case has been dismissed and will not proceed to trial.