The defendant, Advanced Construction Techniques Ltd., was charged with three counts under the Occupational Health and Safety Act related to a drill rig collapse that resulted in a fatality.
The defendant brought a motion for a stay of proceedings and alternatively for a mistrial, alleging that the Crown breached its disclosure obligations by changing its position on whether it would call LiDAR (Light Detection and Ranging) evidence.
The Crown had initially advised that the LiDAR scan would not form part of its case, but later decided to call the evidence well into the trial.
The court found a Charter breach regarding the right to make full answer and defence but declined to grant a stay or mistrial.
Instead, the court excluded the LiDAR evidence under section 24(2) of the Charter as the appropriate remedy.
