The Crown appealed a stay of proceedings entered by the trial judge on his own motion in a prosecution for criminal negligence causing death arising from a motor vehicle accident.
The Court of Appeal held that the trial judge denied the Crown procedural fairness by not giving notice or an opportunity to address the proposed remedy.
It further held that non-disclosure could not justify a stay absent evidence of irreparable prejudice to the accused or abuse of process, and that pre-trial delay was irrelevant in the absence of a proper s. 11(b) Charter application.
The stay was set aside and a trial was ordered.
