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A Saskatchewan court heard sharply divided final arguments Monday morning as the defence and Crown traded blame for delays in a human trafficking trial now approaching the Jordan ceiling for unreasonable delay.
The accused, Mohammad Masum and Sohel Haider, were arrested in June 2023 and are charged with human trafficking, while Masum faces additional charges of sexual assault. The trial, which began with expectations it would be completed in five days, has now stretched well beyond that estimate, triggering a Jordan application by the defence to stay the charges.
Defence counsel argued the Crown’s handling of the case was riddled with poor planning, last-minute changes, and unrealistic expectations.
“You either think this is a complex case or you don’t,” the defence lawyer told the court, pointing out the Crown originally scheduled five days to hear from 13 witnesses. “The delay was not inevitable. It was avoidable.”
The defence claimed translation needs had been flagged as early as July 2023, yet the Crown failed to act, and key issues around witness scheduling, interpretation, and evidence management were only addressed days before or even during trial. The lawyer also criticized the Crown for waiting until late on a Friday afternoon to advise that it would be dramatically reducing the number of witnesses it planned to call.
“They had ten months to prepare for a case they now describe as highly complex,” said the defence. “That level of last-minute adjustment is exactly the kind of conduct Jordan warns against.”
The Crown pushed back, arguing the case did present genuine complexity due to the nature of the charges, vulnerable witnesses, and translation needs that could not be fully anticipated.
“There were significant moving parts,” the prosecutor said. “The complainant changed languages mid-testimony, and that created unforeseen interpretation challenges.”
The Crown maintained that it acted in good faith and responsibly narrowed its case based on the evolving evidence and credibility assessments. It argued the delay was justified under the exceptional circumstances provision of the Jordan framework.
Judge Martinez did not render a decision on the Jordan application but indicated it would come soon.
“I’m not going to decide this today,” he said. “But I do understand that justice delayed may well be justice denied.”
The judge acknowledged that his ruling could be subject to appeal and said he would provide written reasons, aiming for clarity and expedience. He also reiterated the importance of providing a decision on delay before any accused is required to continue with a potentially unconstitutional trial.
Additional trial dates were tentatively reserved for November 4, 5, 6, 7, and 20–21, should the case proceed past the slotted dates.
The trial resumed at 2 p.m. with testimony from the complainant.
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The woman at the centre of the case resumed her testimony with the aid of an interpreter, detailing events from February and March 2023, alleging repeated threats and exploitation at the hands of her former employers. She described an attempt to seek help in Tisdale before being moved to Elrose by the accused in mid-March.
She also alleged that Masum threatened to ruin her life in Bangladesh if she spoke out to anyone while in Elrose.
Her testimony concluded for the day shortly after 4 p.m. The trial is scheduled to resume Tuesday, May 13th at 10 a.m., when she is expected to continue on the stand.
According to earlier testimony, the complainant, whose identity is protected by a publication ban, came to Canada on a tourist visa after being promised $1,000 a month to work at a restaurant in Tisdale. Instead, she told the court she was subjected to forced labour, abuse, and threats.
She testified she worked up to 12 hours a day, seven days a week, at restaurants in Tisdale, Gull Lake and Elrose, and was forced to live in an unfinished basement under deplorable conditions. Her employers allegedly warned her that if she didn’t comply, her work permit would be revoked or she would be reported to police.
Cross-examination is slated to begin Wednesday, May 14. This five-day stretch of the trial will conclude Friday, with a second five-day session scheduled later in May.