Ontario Court Halts Proceedings After Jag Virk Proves Unreasonable Delay in Sahota’s Firearm Case

Delays in the criminal justice system can raise issues concerning the constitutional rights of the accused. In a recent ruling before the Ontario Court of Justice (Information Numbers: 3111-998-24-31101762-01 and 3111-998-24-31101762-02), defence counsel Jag Virk raised an application under Section 11(b) of the Canadian Charter of Rights and Freedoms, arguing that Balwinder Sahota and Sukhwinder Sahota were not tried within a reasonable time. The court agreed and ordered a stay of proceedings.

The decision, delivered orally by Justice F. McCracken, resulted in a full stay of proceedings. It is a significant legal triumph that underscores the importance of timely disclosure, diligent defence work, and a strong commitment to Charter rights.

The Case at a Glance

Balwinder and Sukhwinder were jointly charged with offences related to the alleged possession of a loaded handgun in a vehicle on February 13, 2024. Their trial was scheduled to conclude by December 9, 2025. This was almost 22 months after the charges were laid.

Under Section 11(b) of the Canadian Charter of Rights and Freedoms, every accused person has the right to be tried within a reasonable time. The Supreme Court of Canada’s landmark R. v. Jordan decision set an 18-month ceiling for provincial court matters. Anything beyond that triggers a presumption that the delay is unconstitutional unless the Crown can justify it. In this case, the Crown made no such justification.

Disclosure Requests and Pre-Trial Proceedings 

From the outset, defence counsel requested disclosure related to the investigation, including body-worn camera footage and in-car camera recordings, which was crucial in a case involving a vehicle stop and firearm discovery.

Virk had been retained early, in February 2024, and immediately began requesting disclosure. While initial materials were provided in March, critical items such as forensic reports, officer notes, body-worn camera footage and in-car camera recordings remained outstanding for months.

The defence made multiple follow-up requests regarding outstanding disclosure. They followed up repeatedly, sometimes listing up to 18 officers to ensure full transparency. These requests were not boilerplate or generic; they provided a clear roadmap for the Crown and police to follow.

One example emphasized by the judge was striking:

The body-worn camera footage from a Police Constable was requested eight times in writing, starting in September 2024, and was still outstanding in June 2025. Despite this, the Crown attempted to argue that the defence should have moved the matter forward earlier. Justice McCracken rejected that position, finding the defence acted reasonably at all times.

Court’s Analysis of Delay

Justice McCracken broke the delay into four key periods. The most significant was May to November 2024— it was the period the Crown attempted to blame on the defence. The court found that:

• Essential disclosure had not been provided.
• The defence made sustained and detailed efforts.
• The Crown and police failed to engage with the defence meaningfully.
• The missing materials were central to the defence strategy.

The judge agreed fully, finding no defence delay in that period.

Other points raised by the Crown, including allegations of delay due to re-election or counsel availability, were also addressed. The court declined to attribute additional delay to Balwinder Sahota.

By the final calculation, Balwinder faced 644 days of delay—well above the 18-month Jordan ceiling and Sukhwinder faced 602 days, also above the limit. With no exceptional circumstances to justify the delay by the Crown, the result was clear.

Outcome: A Complete Stay of Proceedings

Justice McCracken concluded that the delays were “driven primarily by a failure by the Crown and the police” to provide critical disclosure or to engage with the defence’s repeated requests.

In delivering the decision, Justice McCracken stated:
“I am bound to find that the accused’s Section 11(b) Charter rights have been infringed. I enter a stay of proceedings for both accused.”

For Jag Virk and his defence team, the decision is a powerful affirmation of the vital role defence counsel plays in safeguarding constitutional rights—not just for their clients, but for the integrity of the justice system as a whole.

About Jag Virk and Jag Virk Criminal Lawyers

Jag Virk is a leading Canadian Criminal Lawyer with over 20 years of experience in criminal law. He founded Jag Virk Criminal Lawyers with a mission of providing strong legal representation and support to protect the rights, freedoms, and future of his clients. He and his respected team are committed to providing affordable legal services with 24/7 call answering and flexible appointments. They also work in evening and weekend hours to make their legal assistance more accessible.

They are often known for their high-profile cases and their success in having charges withdrawn through diversion and other alternative measures. Jag Virk Criminal Lawyers stand by their clients at every step — from arrest to bail hearings, trials, appeals, 524 applications, judicial pre-trials, and resolution meetings. For more information, visit jagvirklawyers.com or call +1-416-619-0437

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