J. McPherson

This decision addresses a Charter application for a stay of proceedings based on an alleged violation of the accused's section 11(b) right to be tried within a reasonable time.

The accused, Luciano Battiston, was charged following a pedestrian accident resulting in bodily harm and death.

The Court applied the Supreme Court of Canada's framework from R v. Jordan and R v. K.G.K., confirming that the presumptive ceiling for provincial court trials is 18 months.

The Court found the total delay of approximately 18.5 months presumptively unreasonable, with no exceptional circumstances or complexity to justify the delay.

The Court also critically examined state-caused delay due to lack of internet connectivity in Toronto Provincial Offences Act (POA) courts, attributing such delay to the Crown.

The Court ordered a stay of proceedings pursuant to s. 24(1) of the Charter.

This decision addresses a Charter application under section 11(b) seeking a stay of proceedings for delay in a Provincial Offences Act (POA) matter involving careless driving causing bodily harm and death.

The defendant argued that despite the trial being scheduled within the 18-month presumptive ceiling established by the Supreme Court in R. v. Jordan, his right to a timely trial was violated due to systemic delays, particularly in disclosure by the Toronto Police Service (TPS).

The Court analyzed the defendant’s efforts to expedite the trial, the complexity of the case, local systemic factors affecting POA prosecutions in Toronto, and the Crown’s conduct.

The Court found the case was not complex, the defence took all meaningful steps to expedite, and the Crown acted reasonably given local conditions.

The Court emphasized the systemic challenges in POA disclosure and trial scheduling in Toronto but concluded that the trial was scheduled within the constitutional ceiling and denied the stay of proceedings.