The accused brought a motion seeking a stay of proceedings based on alleged breaches of ss. 7 and 11(b) of the Canadian Charter of Rights and Freedoms arising from pre‑charge and post‑charge delay.
The charges included manslaughter, criminal negligence causing death, and trafficking in a controlled substance following a fatal methadone overdose.
Applying the framework from Morin and related jurisprudence, the court assessed the delay and attributed the majority to inherent and defence causes, finding institutional delay of approximately 5.6 months, within acceptable limits for the Superior Court of Justice.
The court concluded the accused failed to establish sufficient prejudice from the delay to justify a stay of proceedings.
The accused also sought to exclude a statement recorded in a physician’s patient note; the court held the statement was admissible as its probative value was not outweighed by prejudice.
