A criminal case arising from a tractor incident during an anti SOGI protest in Surrey has been delayed after defence counsel fell ill, pushing the matter closer to the constitutional limits on trial delay in Canada.
In an interview with Global News, Rob Dhanu K.C. of Dhanu Dhaliwal Law Group explained how those delay rules work and why timing can be critical in criminal cases.
The accused, Malkiat Singh Shoker, faces charges of dangerous driving, assaulting a peace officer with a weapon, and flight from police. The allegations stem from a November 25, 2023 protest on Highway 1, where a tractor was involved in a slow speed police pursuit that ended when the vehicle rolled near the 176 Street overpass in Surrey.
An investigation by British Columbia’s police watchdog cleared the RCMP of wrongdoing in relation to the crash. The accused has pleaded not guilty.
What Is the 18 Month Rule?
In 2016, the Supreme Court of Canada released its landmark decision in R v Jordan. That ruling established clear ceilings on how long criminal cases can take before trial.
In Provincial Court, the limit is generally 18 months.
If the Crown takes longer than that without sufficient justification, the defence can apply to have the charges stayed. In practical terms, that can mean the case does not proceed.
During the interview, Mr. Dhanu explained that if the timeline in this case runs from December 2024 to February 2026, it totals approximately 15 months. That remains under the 18 month ceiling, but it narrows the margin considerably.
Why Some Cases Take Longer
Not every delay leads to dismissal. Courts examine the reasons for delay carefully. Some time may be attributed to the defence. Some may be attributed to institutional backlog. Other delays may be justified because the case itself is complex.
Mr. Dhanu noted that dangerous driving cases often involve detailed evidence, including accident reconstruction, witness testimony, and technical analysis. That complexity can affect how delay is assessed under the Jordan framework.
At the same time, Surrey is now one of the busiest courthouses in British Columbia. Scheduling pressures can push trial dates well into the future. In this matter, Mr. Dhanu indicated a new trial date could extend into summer or fall of 2026, and potentially even into early 2027.
Why This Matters
Dangerous driving is a serious Criminal Code offence. A conviction can carry significant consequences, including a criminal record, driving prohibition, and in some cases, jail time.
For anyone facing criminal charges in Surrey or the Lower Mainland, understanding the timeline is not just procedural. It can directly affect the outcome of the case.
If you are charged in Surrey, Abbotsford, or Vancouver, early legal advice is critical.
Full Transcript:
Malkiat Singh Shoker left the Surrey courthouse after learning his trial has been delayed due to his lawyer being ill with bronchitis.
“Well, I wanted to get it over with, but you can only do what you can do, right?” he said.
Shoker was allegedly behind the wheel of a tractor involved in a slow speed police pursuit during an anti SOGI protest on Highway 1 on November 25, 2023.
“I would like all the parents watching this — if you love your children, please support this cause before it’s too late.”
The farm vehicle eventually rolled and flipped on the on ramp to the 176 Street overpass in Surrey while being pursued by police.
Shoker is charged with dangerous driving, assaulting a peace officer with a weapon, and flight from police.
When asked how he would plead, Shoker responded, “Not guilty.”
When asked why, he said, “My lawyer can explain that. That’s about all I want to say.”
Shoker acknowledged he was participating in a Stop SOGI 123 road rally that day. SOGI 123 is a resource package designed to help teachers and school administrators reduce discrimination based on sexual orientation and gender identity within school curriculum.
“I was part of the peaceful convoy for SOGI 123,” he said.
When asked about the crash, he responded, “I can’t say more than what I’ve said already.”
Shoker was charged ten months after an investigation by British Columbia’s police watchdog cleared the RCMP of wrongdoing in relation to the tractor crash. Ten months is not unusual for this type of case.
Crown counsel noted the matter is approaching the timeline limits set by the Supreme Court of Canada.
Criminal defence lawyer Rob Dhanu KC explained that if the timeline runs from December 2024 to February 2026, the total is approximately 15 months. That remains under the 18 month ceiling established under the Supreme Court’s decision in R v Jordan, leaving roughly three months before the constitutional limit would be reached.
Mr. Dhanu also noted that dangerous driving cases are often legally complex, and with Surrey now one of the busiest courthouses in British Columbia, a new trial date may not be set until summer, fall, or even early 2027.
Kristen Robinson, Global News.
