The defendant was charged with speeding under section 128 of the Highway Traffic Act.
She brought an application under section 24(1) of the Canadian Charter of Rights and Freedoms alleging violations of sections 7, 11(b), and 11(d) due to the Crown's failure to provide timely disclosure.
The defendant sought either a stay of proceedings or an adjournment, along with costs.
The Crown's delay in providing disclosure was attributed to staffing changes in the Office of the Prosecution.
The court found that the delay constituted a mistake rather than an unacceptable degree of negligence, and that no Charter rights were engaged.
The court applied the presumptive ceiling of 14 months for Part 1 Provincial Offences Act matters and found the total elapsed time of 7 months was well below the threshold.
The application for costs was dismissed, and an adjournment to trial was granted.
