Donna Veronica Pledge

The defendant was charged with impaired operation of a motor vehicle and excess alcohol following a collision on Highway 401 on October 6, 2011.

The defendant brought a section 11(b) Charter application seeking a stay of proceedings based on unreasonable trial delay.

The application was heard on January 25, 2013, in advance of the trial date of April 22, 2013.

The court found that the total delay attributable to the Crown and institutional factors was approximately 13.5 months, which exceeded the Askov/Morin guidelines of 8-10 months by 3.5 months.

Despite modest prejudice to the defendant, the court determined that the defendant's interests and society's interest in a prompt trial outweighed society's interest in a trial on the merits.

The application was allowed and the charges were stayed.

The accused was charged with impaired driving and driving with excess alcohol following a single-vehicle accident.

The Crown proceeded on the basis of care and control rather than actual operation.

The court found that while the accused was in the driver's seat with the keys in the ignition and was impaired, the vehicle was truly inoperable due to severe structural damage that prevented it from moving or being started.

The court distinguished between an "immovable" vehicle (stuck but potentially drivable) and an "inoperable" vehicle (incapable of being driven).

Finding the vehicle inoperable and thus incapable of creating a realistic risk of danger to persons or property, the court acquitted the accused despite the presumption of care and control under section 258(1)(a) of the Criminal Code.

The accused was charged with drug and firearm offences after police discovered a large-scale marihuana grow operation and a loaded rifle on his property.

The accused claimed he was held captive by two men who forced him to take responsibility for the drugs under threat of violence.

The court rejected the accused's evidence as not credible, applying the W.(D.) framework, and found that the Crown proved beyond a reasonable doubt that the accused was in sole control of the property, the drugs, and the firearm.

The accused was found guilty on all counts.