Three accused persons charged with possession for the purpose of trafficking under the Controlled Drugs and Substances Act brought a Charter application alleging violation of their s. 11(b) right to be tried within a reasonable time.
The Crown laid four counts of possession for the purpose of trafficking against each accused involving cocaine, MDMA, methamphetamine, and marijuana.
The case was initially commenced in Toronto but was transferred to Brampton where the offences occurred.
The preliminary inquiry commenced on April 14, 2015, but collapsed after the Crown received analysis certificates showing the alleged methamphetamine was not a controlled substance.
The Crown amended the charges to reduce cocaine and MDMA to simple possession and elected to proceed summarily.
The court found the Crown failed to act diligently in preparing its case, failed to disclose critical certificates in a timely manner, and caused unnecessary delay through improper venue selection.
The total delay of approximately 22 months, comprising 7.5 months of institutional delay and 6.5 months of Crown delay, exceeded the Morin guidelines of 8 to 10 months for provincial court matters.
The court found the accused suffered actual prejudice through stress and anxiety from facing unmeritorious trafficking charges for an extended period, increased legal fees, and restrictions on liberty.
A stay of proceedings was granted.
