T. Mrejen

The accused was charged with operating a motor vehicle with excess blood alcohol.

At trial, she brought a Charter application alleging multiple breaches, including delay in the roadside screening demand, failure to facilitate access to counsel of choice, and arbitrary detention due to overholding for 5.5 hours after breath testing.

The court found violations of ss. 8, 9, 10(a), and 10(b) of the Charter.

Applying the Grant framework, the court concluded that the cumulative effect of the serious breaches warranted exclusion of the breath samples under s. 24(2).

The charge was dismissed.

The accused brought an application seeking a stay of proceedings, alleging an infringement of his right to be tried within a reasonable time under s. 11(b) of the Charter.

The total delay from the swearing of the Information to the anticipated end of trial was approximately 29.5 months.

The court deducted 10.5 months of defence delay, finding that defence counsel was unavailable for earlier trial dates offered by the court.

The court also deducted approximately 8.5 months as an exceptional circumstance due to the complainant's unavailability to testify because of childcare issues exacerbated by the COVID-19 pandemic.

After these deductions, the net delay was calculated at just over 10 months, which was well below the 18-month presumptive ceiling.

The application was dismissed.

The applicants sought a Norwich Order requiring the respondent website to disclose the personal information of anonymous users who posted allegedly defamatory reviews about the applicants' business.

The respondent did not appear.

The court applied the five-part test for a Norwich Order, finding that the applicants had a bona fide claim for defamation, the respondent was involved in the acts by facilitating the anonymous posts, and the respondent was the only practicable source of the information.

The court granted the order, noting that the interests of justice do not favour permitting anonymous posters to engage in a campaign of defamation with impunity.