The applicant, Andrea Morales, brought an 11(b) Charter motion for a stay of proceedings due to unreasonable delay in a Provincial Offences Act charge for a noise bylaw violation.
The court applied the R. v. Jordan framework, calculating the total delay, subtracting defence-attributable delay and delay caused by the COVID-19 pandemic as an exceptional circumstance.
The net delay was found to be below the 18-month presumptive ceiling for provincial offence matters.
The court also addressed the applicant's claim regarding lack of disclosure, ruling that the municipal bylaw was a public document not subject to first-party disclosure rules.
The motion was dismissed as the applicant failed to meet the onus of demonstrating unreasonable delay.
