Mr. Jones

The defendant was charged with one count of failing to stop for a school bus with overhead red lights flashing, contrary to section 175(11) of the Highway Traffic Act.

The prosecution relied on circumstantial evidence and the presumption of regularity to prove that the front overhead lights were flashing.

The court found that the presumption of regularity did not apply, citing R. v. Perry, and that the circumstantial evidence was insufficient to prove the essential element beyond a reasonable doubt, as other reasonable inferences consistent with innocence could be drawn from the evidence and lack thereof.

The charge was dismissed.

The applicant, Marcus Chac-Wai, brought an application for a stay of proceedings under section 11(b) of the Canadian Charter of Rights and Freedoms, arguing that his right to be tried within a reasonable time had been infringed.

The total delay from arrest to the scheduled trial conclusion was 42.5 months, exceeding the 30-month Jordan ceiling for Superior Court matters.

The court deducted 4 months for exceptional circumstances due to the COVID-19 pandemic, resulting in a net delay of 38.5 months.

The court found no defence delay attributable to the applicant regarding disclosure or the preliminary inquiry.

The Crown's proactive steps, such as severance or preferring an indictment, were considered.

The application was granted, and the charges were stayed due to unreasonable delay.