Prosecutor should be removed from drug case, defence lawyer argues

“This guideline assumes that an accused is before a court in Canada charged with an offence in a domestic criminal proceeding. If charges were laid but the accused fled Canada or for some other reason is not before a Canadian court, there is no obligation to provide full disclosure,” the deskbook reads.

Feasby found that in the unique circumstances of El-Ajami’s case, police and the Crown were obligated to tell him the charges he was facing and provide disclosure even though he was absent from the county. Police filed charges against El-Ajami on Dec. 18, 2015, after a detective spoke to him by phone two days earlier, asking him to turn himself in, but he declined and said he was staying in Lebanon.

The judge said if police had not laid charges against El-Ajami until he returned to Calgary in March 2022, he would not have been entitled to know what charges he faced or any disclosure.

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