The accused brought a Charter section 11(b) motion alleging unreasonable delay in proceedings.
The Crown failed to file its response to the motion in accordance with court rules, serving and filing its materials only on the morning of the hearing rather than the required 15 days in advance.
The defence sought a remedy for this non-compliance, proposing either that the motion proceed without Crown cross-examination or that trial dates be adjourned.
The court found that the Crown's late filing constituted non-compliance with the rules and that a remedy was warranted based on fairness to the accused and efficient use of court resources.
The court rejected proceeding without Crown cross-examination as it would result in an incomplete record on the prejudice issue.
Instead, the court adjourned both the 11(b) motion and the scheduled trial dates without prejudice to the defence's right to renew the motion or seek other Charter remedies.
