The applicants sought an order for costs against the Crown following a stay of criminal charges for breach of their Charter s. 11(b) right to be tried within a reasonable time.
They argued that costs were justified due to late and illegible disclosure, alleged misconduct by the investigating officer, and alleged failures by the Crown in addressing inaccurate evidence given by a police witness.
The court reviewed the governing principles that costs may be awarded in criminal proceedings only for Crown misconduct or in other exceptional circumstances where fairness requires relief.
The court found that disclosure problems were attributable to the investigating officer and police administration rather than the Crown, and that the Crown neither participated in nor knowingly tolerated misconduct.
The court further held that the circumstances were not exceptional enough to justify a Charter remedy of costs.
