Fraud, credit card and forgery-related charges against a B.C. man may soon time out and have to be dismissed, a Vancouver Provincial Court judge heard May 13.
Joseph Jason Allen, with two others, faces eight charges stemming from January 2022.
Allen, 40, is charged with:
• two counts of possession of identity documents relating to another person;
• possession of credit cards, forged credit cards or credit cards obtained through an offence;
• using or permitting another to use credit card data;
• possessing a computer or printer he knew was adapted for or intended for use in forging or falsifying credit cards;
• possession of mail obtained through an offence;
• possessing a document knowing or believing it to be forged with intent to use it in an offence; and,
• possessing an instrument, device or apparatus or material adapted or intended to commit forgery.
As of the May 13 appearance, the case was 840 days old, Crown prosecutor Jeffrey LaPorte told Judge Patricia Stark.
LaPorte said every time Allen’s case gets close to a disposition, he fires his lawyer.
“Mr. Allen likes, to put it in plain words, drag his feet,” LaPorte told Stark.
He said Allen’s co-accused had been dealt with “years ago.”
LaPorte said the case is nearing the 900-day mark. That’s the point at which the Supreme Court of Canada’s Jordan ceiling for a trial length kicks in.
“This case has to move forward,” Stark said.
Stays of proceedings are possible if a case hits a ceiling of 18 months for those tried in the provincial court and 30 months for cases in superior courts.
Lawyers have already begun mentioning the application of the so-called Jordan rule whereby the right to a speedy trial is upheld.
“Delay attributable to or waived by the defence does not count towards the presumptive ceiling,” the high court said.
Allen has had seven lawyers for more than 70 court appearances. Thirty judges or justices of the peace have been involved in those appearances.
