A. Pancer

The applicant sought a stay of proceedings based on alleged prosecutorial and police misconduct, arguing that the conduct breached his right to a fair trial under sections 7 and 24(1) of the Charter, or violated his right to make full answer and defence.

The court reviewed the legal principles for a stay of proceedings, including the two categories of abuse of process (trial fairness and residual category) and the three-part test from R. v. Babos.

The court found that while mistakes were made by the Crown and police regarding disclosure and a Zoom meeting incident, there was no deliberate misconduct.

The court concluded that the applicant's right to a fair trial was not infringed, nor was the integrity of the justice system undermined.

The application for a stay was dismissed.

The applicant sought a stay of proceedings for unreasonable delay under s. 11(b) of the Charter.

The court analyzed the total delay, defence delay, and exceptional circumstances, including the COVID-19 pandemic and the trial going longer than expected.

The court found that the net delay, after accounting for defence delay and exceptional circumstances, fell below the presumptive ceiling.

The applicant failed to demonstrate sustained efforts to expedite proceedings or that the case took markedly longer than it reasonably should have.

The application was dismissed.