A BC Provincial Court judge is now deciding on an application to stay the Lemon Creek fuel spill case based on an argument that it has taken too long to get to trial.
Judge Lisa Mrozinksi will have to decide on the defence’s request under what’s known as the Jordan decision. Last year the Supreme Court of Canada ruled that trials without preliminary inquiries must get underway within 18 months of charges being laid, otherwise it constitutes an unreasonable delay.
A lawyer for Executive Flight Centre argues that deadline has elapsed if the clock started when Marilyn Burgoon’s private prosecution began in 2014. However, the Crown argues it should only be counted from when the public prosecutor laid charges in 2016.
Earlier this week Mrozinski denied a request to adjourn the case for eight months based on the defence’s concerns about disclosure of evidence.
The company, its driver, and the BC government all face eight charges under the environmental management and fisheries act.
A tanker truck spilled 33,000 litres of jet fuel into Lemon Creek in July 2013 after taking a wrong turn onto a forest road.
