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Constitution — Charter of Rights — Section 11(b) — Unreasonable delay — Complexity of case — COVID-19 pandemic — Exceptional circumstances — Did the trial judge err in attributing periods of delay to the defense and finding the case complex enough to justify delay beyond the Jordan ceiling? — Framework for assessing delay under R. v. Jordan and R. v. CodyCriminal procedure — Delay — Section 11(b) — Defense delay — Exceptional circumstances — COVID-19 pandemic — Did the trial judge err in calculating net delay and attributing certain periods to the defense? — Application of the Jordan framework to periods of delay caused by defense unavailability and systemic issuesEvidence — Search warrants — Section 8 — Information to Obtain (ITO) — Reasonable grounds — Full, frank, and fair disclosure — Did the trial judge err in finding the ITO sufficient and the affiant credible? — Test for sufficiency of ITOs and affiant candor under R. v. Garofoli and R. v. MorelliEvidence — Burden of proof — Third-party suspect — Misapprehension of evidence — Passwords — TOR browser — Did the trial judge err by reversing the burden of proof and misapprehending evidence about the appellant’s password and the TOR browser? — Standard for assessing third-party suspect defenses under R. v. VillaromanCitizenship and immigration — Sentencing — Conditional sentence — Exceptional circumstances — Immigration consequences — Did the trial judge err in denying a conditional sentence by requiring exceptional circumstances and assigning limited weight to immigration status? — Principles governing conditional sentences under R. v. M.M. and R. v. Pike

curiae — amicus — dismissed — orally — asks

Criminal procedure — Appeals — Fresh evidence — Possession of a loaded firearm — Appellant convicted under s. 95(1) of the Criminal Code — Fresh evidence from related proceedings admitted on appeal — Crown conceded that related trials were stayed due to disclosure issues — Should the appellant’s conviction be set aside? — Appeal allowed, conviction quashed, and stay of proceedings entered — Criminal Code, R.S.C., 1985, c. C-46, s. 95(1)Evidence — Fresh evidence on appeal — Related proceedings — Appellant sought to admit fresh evidence from related cases where stays of proceedings were entered due to disclosure issues — Crown conceded that fairness required the appellant’s conviction to be set aside — Should fresh evidence be admitted on appeal? — Evidence admitted as it impacted the integrity of the criminal processConstitution — Charter of Rights — Section 24(1) — Fair trial — Appellant argued inability to make full answer and defence due to redacted disclosure — Crown conceded that fairness required a stay of proceedings — Should a stay of proceedings be entered under s. 24(1) of the Charter? — Stay of proceedings entered to preserve fairness and integrity of the criminal process