Gabriella Ruta

The applicant, Andrea Morales, brought an 11(b) Charter motion for a stay of proceedings due to unreasonable delay in a Provincial Offences Act charge for a noise bylaw violation.

The court applied the R. v. Jordan framework, calculating the total delay, subtracting defence-attributable delay and delay caused by the COVID-19 pandemic as an exceptional circumstance.

The net delay was found to be below the 18-month presumptive ceiling for provincial offence matters.

The court also addressed the applicant's claim regarding lack of disclosure, ruling that the municipal bylaw was a public document not subject to first-party disclosure rules.

The motion was dismissed as the applicant failed to meet the onus of demonstrating unreasonable delay.

The accused were tried on 35 counts of break and enter and related offences involving commercial establishments across Ontario between May and October 2013.

The Crown relied on physical surveillance, GPS tracking data from a rental vehicle, forensic evidence (paint analysis and tool mark examination), and video evidence.

The trial judge found the accused guilty of attempted break and enter and possession of break-in instruments related to an A&W restaurant incident on October 17, 2013, where they were arrested.

The accused were also convicted of break and enter and possession of property obtained by crime at an Alden Coffee Shop on September 12, 2013 (Edwards only).

The accused were acquitted of the remaining charges, as the Crown failed to prove identity beyond a reasonable doubt despite circumstantial evidence being highly suspicious.