The defendant brought applications for a stay of proceedings based on violations of Charter rights.
The primary application was under Section 11(b) of the Charter of Rights and Freedoms, alleging denial of the right to trial within a reasonable time.
The defendant also brought applications under Section 7 of the Charter and Section 35 of the Provincial Offences Act regarding disclosure.
The court found that the applicable delay was 21 months and 21 days, exceeding the 18-month ceiling for Ontario Court of Justice proceedings.
The court determined the case was not particularly complex and that the Crown failed to remedy disclosure issues.
A stay of proceedings was granted.
