F. Addario

In a first-degree murder prosecution, the defence brought a pre-trial application to remove Crown counsel, alleging prosecutorial misconduct, suppression of evidence, and collusion with police.

The Crown brought an application under Rule 34.02 of the Criminal Proceedings Rules to summarily dismiss the defence's application.

The court found that the defence's allegations were based entirely on suspicion, conjecture, and speculation, lacking any evidentiary foundation.

Applying the principles from R. v. Cody, the court concluded there was no reasonable prospect the defence application could succeed and summarily dismissed it without an evidentiary hearing.

The accused brought a pretrial motion for a stay of proceedings, alleging a breach of their s. 11(b) Charter right to be tried within a reasonable time.

The total delay from the date of the charge to the anticipated end of the trial was 35 months, exceeding the 30-month presumptive ceiling established in Jordan.

The court found that the Crown successfully rebutted the presumption of unreasonableness by demonstrating that the matter was a "particularly complex case" involving extensive wiretap evidence, multiple accused, and voluminous disclosure.

The court concluded that the Crown had a reasonable plan to manage the complexity and dismissed the application for a stay.

Accused charged with bribery of foreign public officials sought production of investigative records from the World Bank’s Integrity Vice Presidency in support of a Garofoli challenge to wiretap authorizations.

The World Bank asserted immunity as an international organization and refused to produce additional materials.

The court held that by initiating and actively assisting the Canadian criminal investigation, the organization had impliedly waived immunity and must accept the procedural burdens of a criminal prosecution.

The applicants established likely relevance under the first stage of the O’Connor framework.

Production was ordered for certain investigative materials for judicial review.