The applicants, charged with municipal by-law infractions, sought a stay of proceedings or a mistrial under section 24(1) of the Canadian Charter of Rights and Freedoms, alleging a violation of their section 7 right to make full answer and defence due to the prosecution's late disclosure.
The prosecution provided a crucial email chain regarding the property's zoning history after the trial had commenced and the prosecution had closed its case.
The court found that the late disclosure impaired the applicants' ability to plan their defence strategy and cross-examine the prosecution's witness effectively, thereby affecting the overall fairness of the trial.
Consequently, the court declared a mistrial as the appropriate remedy.
