The accused, Shabbir Dossa, brought an application under section 11(b) of the Canadian Charter of Rights and Freedoms, alleging that his right to be tried within a reasonable time had been breached.
The total delay from the swearing of the Information to the anticipated end of trial was 24 months and 17 days, exceeding the 18-month presumptive ceiling for the Ontario Court of Justice.
The Crown argued that portions of the delay were attributable to the defence or constituted exceptional circumstances (discrete events or case complexity).
The court found no delay attributable to the defence and no exceptional circumstances.
The primary reason for the delay was the Crown's unacceptable and unexplainable delay in providing meaningful disclosure, particularly the accident reconstructionist report and ITOs.
Consequently, the court found a breach of the accused's 11(b) right and ordered a stay of proceedings.
