D. Perry

The accused, Andrew Lawson, brought a s. 11(b) Charter application for a stay of proceedings due to unreasonable delay, exceeding the 18-month Jordan ceiling.

The total delay was 19 months and 23 days.

The court found that the delay was primarily due to late disclosure, but attributed a significant portion of this delay (approximately 4 months) to the unforeseen impact of the COVID-19 pandemic on Crown disclosure processes, which constituted a discrete exceptional circumstance.

After subtracting this period, the net delay fell below the Jordan ceiling, and the application was dismissed.

The accused was charged with driving with over .80 milligrams of alcohol in 100 millilitres of blood and impaired operation of a motor vehicle following a motor vehicle collision on October 28, 2018.

The defence raised multiple Charter challenges including allegations of lost evidence (911 calls and cell video), breaches of the "forthwith" requirement under section 254(2) of the Criminal Code, breaches of the "as soon as practicable" requirement under section 254(3), and violations of the right to counsel.

The court rejected all Charter arguments and found the accused guilty on both counts based on breath test results showing readings of .225 and .215, expert toxicology evidence, and the circumstances of the collision.

The accused was charged with being in care or control of a motor vehicle while impaired by a drug.

He was found asleep in the driver's seat of a running vehicle on the Gardiner Expressway.

The defence conceded impairment but challenged the charge on Charter grounds, alleging violations of sections 10(b) and 8.

The court found that while the accused's section 10(b) rights were violated (delayed access to counsel), the violation was justified given his serious medical condition.

The court also found a section 8 breach regarding unlawful seizure of medical information by one officer, but declined to stay proceedings.

On the merits, the court rejected the accused's evidence regarding his reasons for being on the expressway and found him guilty of the offence.