Elme G. Schmid

The applicant brought a motion under sections 15 and 24(1) of the Canadian Charter of Rights and Freedoms seeking a stay of proceedings for impaired driving and over 80 operation charges.

The applicant, who has multiple disabilities including visual impairment (alternating exotropia), ADHD, and significant scarring from chemical burns, alleged that state actors (Crown, court clerks, accessibility coordinator, and police) failed to provide timely and independent disability accommodation, resulting in differential treatment contrary to section 15.

The applicant argued that inadequate accommodation led to his failure to appear on two occasions, resulting in unnecessary strip searches.

The court dismissed the application, finding that while the conduct of state actors is subject to Charter scrutiny under Eldridge, the applicant failed to establish a factual foundation for a section 15 breach.

The appellant appealed a conviction for impaired operation, arguing the trial judge erred in dismissing a s. 11(b) Charter application alleging delay in bringing the matter to trial.

The case involved approximately 23 months from the swearing of the information to conviction, including adjournments related to the absence of a police officer whom the defence wished to call as a witness on a Charter application.

The court held that the officer was a defence witness and that his absence did not constitute Crown delay, and most of the disputed periods were either neutral delay or defence-related.

Although the trial judge erred in suggesting prejudice need not be examined where institutional delay fell below guideline thresholds, the appellate court found that any prejudice was limited and insufficient to render the delay unreasonable.

The conviction and dismissal of the Charter application were upheld.