Kenneth W. Dechert

The defendant was charged with failing to stop on the right for an emergency vehicle contrary to section 159(1)(a) of the Highway Traffic Act.

The Crown alleged that on October 12, 2009, the defendant failed to immediately stop her vehicle near the right-hand curb when a fire truck with siren sounding and emergency lights flashing approached from behind.

The defendant denied that the fire truck had approached her vehicle.

The court found that the offence is a strict liability regulatory offence and that the Crown proved the actus reus beyond a reasonable doubt based on credible police officer testimony.

The defendant failed to establish the due diligence defence on a balance of probabilities, as her mistaken belief that the fire truck had not approached was not objectively reasonable given that she had initially observed the truck 500-1,000 metres behind her and should have taken immediate steps to move to the right lane.

The defendant was charged with speeding (111 km/h in a 70 km/h zone) under the Highway Traffic Act, prosecuted under Part I of the Provincial Offences Act.

The defendant brought an application under sections 11(b) and 24(1) of the Canadian Charter of Rights and Freedoms, alleging that his right to be tried within a reasonable time had been violated.

The trial commenced on November 17, 2010, but was adjourned due to lack of court time.

The trial was subsequently rescheduled multiple times, with the defendant explicitly waiving his Charter rights for one period.

The court found that 15 months and 16 days of the total 23 months and 20 days of delay was attributable to unacceptable institutional delay.

The court concluded that the defendant's right to a fair trial had been prejudiced and that a stay of proceedings was the appropriate remedy.