ALG’S SAMARA SECTER AND FRANK ADDARIO WIN DELAY APPLICATION IN NATIONAL SECURITY CASE

ALG’s Frank Addario and Samara Secter won an application to stay the criminal prosecution of Qing Quentin Huang on the basis of unreasonable delay. Federal prosecutors charged Mr. Huang in 2013 for allegedly attempting to leak sensitive national security information. On December 15, 2021, the Globe and Mail, Toronto Star, and other media reported that Justice Michael Dambrot of the Ontario Superior Court of Justice granted Huang’s application to stay the proceedings. Much of the delay in the case was the result of repeated Crown appeals over Mr. Huang’s entitlement to disclosure about the wiretap operation that led to the charges. The landmark case was the first time that a federal Minister of Justice used a legislative provision to override a judge’s order and prevent disclosure of national security information.

Samara told the Star that Mr. Huang wanted to have a trial to prove his innocence but instead suffered for eight years of drawn-out litigation. She noted that “we repeatedly asked the government to speed it up and get the case to trial and we could not get the government to treat the case with urgency.”

Justice Dambrot’s written reasons for the stay will follow.

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