2 total
Proceedings stayed under s. 11(b) of the Charter due to unreasonable 40-month delay.
The accused was charged with historical sexual abuse in February 2023.
Following a hung jury and mistrial in October 2025, a retrial was scheduled for June 2026, resulting in a total delay of 40 months.
The accused brought an application under s. 11(b) of the Charter alleging unreasonable delay.
The court found that even after deducting defence delay and the period of the mistrial, the net delay exceeded the 30-month presumptive ceiling.
The court rejected the Crown's argument that the remaining delay was justified by the COVID-19 pandemic backlog, finding that the pandemic's effect had largely dissipated by the time the trial dates were set.
The application was granted and the proceedings were stayed.
Application for disclosure of drug recognition evaluator's rolling logs dismissed due to irrelevance and statutory prohibition.
The accused, charged with impaired driving by drug, brought a pre-trial application seeking disclosure of the evaluating officer's 'rolling logs'.
The defence relied on the Court of Appeal's decision in Stipo, which held that rolling logs were obviously relevant for disclosure.
The Crown argued that recent amendments to the Criminal Code prohibited such disclosure and that expert evidence demonstrated the logs were irrelevant.
The court heard expert testimony explaining that nonalignment between an officer's opinion and toxicology results does not indicate an unreliable evaluation due to various scientific factors.
The court concluded the rolling logs were not relevant to assessing the officer's evidence and that section 320.36 of the Criminal Code prohibits the disclosure of testing results related to other individuals.
The application for disclosure was dismissed.
