B.C. fentanyl trafficking charges tossed due to court delays

The British Columbia Supreme Court has stayed proceedings against a woman facing fentanyl and other drug trafficking charges, along with possession of a prohibited weapon.

Source: Wikimedia Commons

The British Columbia Supreme Court has stayed proceedings against a woman facing fentanyl and other drug trafficking charges, along with possession of a prohibited weapon, ruling that her Charter right to a timely trial was breached.

Margaret Rose Conrad was one of three people charged with drug and weapons offences in November 2022 after an investigation by the Combined Forces Special Enforcement Unit of British Columbia and the North Cowichan RCMP.

A police search in March 2021 led to charges for the possession for the purposes of trafficking fentanyl, cocaine and methamphetamine.

According to court records, a subsequent search in August 2021 resulted in the seizure of fentanyl, cocaine, methamphetamine, firearms, cellphones, a large quantity of cash, and other items thought to be linked to drug trafficking.

In a decision delivered on June 4, B.C. Supreme Court Justice Douglas Thompson found that the total delay — from the swearing of the information on November 3, 2022, to the anticipated trial conclusion on August 22, 2025 — exceeded the 30-month “presumptive ceiling” established by the Supreme Court of Canada in R. v. Jordan by three months and 20 days.

The “Jordan principle,” as it's sometimes colloquially referred to, was established by the Supreme Court of Canada in R. v. Jordan, and sets presumptive ceilings of 18 months for provincial court trials and 30 months for superior court trials to ensure an accused’s right to a trial within a reasonable time under section 11(b) of the Canadian Charter.

Delays exceeding these ceilings are presumed unreasonable, requiring the Crown to justify them or risk a stay of proceedings. The framework attributes delays to the Crown, defence, or exceptional circumstances, discouraging systemic inefficiencies and tactical delays.

The court similarly rejected the Crown’s argument that the defence actions caused sufficient delay to bring the net delay below the 30-month threshold.

The Crown argued that delays in scheduling a preliminary hearing and subsequent trial adjournments were attributable to the defence, particularly citing the accused’s request to call a police witness at the preliminary hearing and a revised Charter notice filed in June 2024.

However, Justice Thompson ruled that these actions were legitimate steps taken to respond to the charges and did not constitute defence delay under the Jordan framework.

“The record shows no delay solely or directly caused by the accused,” Justice Thompson stated, emphasizing that the defence’s actions were within their rights to prepare a full answer and defence.

The court’s meticulous review of the case chronology, supported by thorough submissions from counsel, led to the conclusion that the entire delay was attributable to systemic or Crown factors.

Conrad faced an eight-count indictment, including possession of controlled substances for the purpose of trafficking and unauthorized possession of a conducted energy weapon, stemming from a search of a trailer she occupied on August 6, 2022.

She was arrested that day, released, and later re-arrested on November 8, 2022, following the issuance of a warrant.

The trial, which has not yet started, was originally scheduled to conclude in August 2025.

Elenore Sturko, BC Conservative MLA for Surrey—Cloverdale and the Shadow Minister for Public Safety and the Solicitor General, took to X to voice her frustrations over perceived inaction and complacency in the B.C. justice system under David Eby and the provincial NDP’s leadership.

“The NDP justice system is so bad that fentanyl traffickers are walking free because of delays,” Sturko said.

Making matters worse, Sturko added, the B.C. NDP has announced a plan to close the courts for a week during Vancouver's planned hosting of the FIFA World Cup next year.

As previously reported by True North, the dropping of Conrad's case falls into a larger pattern of criminal charges—and criminal offences related to fentanyl trafficking, in particular—being dropped across Canada.

Elsewhere in Canada, Hamilton police chief Frank Bergen voiced frustration and disappointment at a police services board meeting after learning that the Public Prosecution Service of Canada had recently dropped 19 drug trafficking charges.

“These cases involve serious drug trafficking of fentanyl, cocaine and opioids that directly affect our community, especially our most vulnerable,” Bergen said. “It is our understanding that these dispositions were not related to reasonable prospect of conviction, public interest or the quality of police investigations.”