The appellant challenged a summary conviction appeal order on the basis that his right under s. 11(b) of the Charter had been infringed by delay.
The court held that the primary consideration was the appellant's lack of reasonable diligence in seeking special disclosure, and the police disclosure delays could not be treated as running consecutively for the s. 11(b) analysis.
In light of the limited prejudice shown and the nature of the charge, the court found no constitutional breach.
The appeal was dismissed.
