The defendants were charged with undertaking development in a wetland without a permit under the Conservation Authorities Act.
The prosecution brought a motion to preclude the defendants from challenging the TRCA's jurisdiction and the existence of a wetland, which the court dismissed as violating the presumption of innocence.
The defendants brought an application under s. 11(b) of the Charter alleging unreasonable delay.
The court found a net delay of 21.5 months, exceeding the 18-month presumptive ceiling for provincial offences.
Finding no exceptional circumstances to justify the delay, which was exacerbated by a lack of judicial resources, the court stayed the charges.
