N. Hasan

The accused, charged with first degree murder in the death of a police officer, brought an application for disclosure or third party production of police training materials and disciplinary records of a key Crown police witness.

The court dismissed the application for the training materials, finding them irrelevant to the issues at trial.

However, the court ordered the production of the disciplinary records, finding that they were relevant to the credibility and reliability of the officer, who was a pivotal witness for the Crown.

The applicant sought disclosure or third-party production of Toronto Police Service investigation files regarding a tee-shirt fundraiser and police training materials.

The court found the investigation files met the first-stage likely relevance test under O'Connor/McNeil and ordered them produced for judicial review.

The request for training materials was dismissed as they were not relevant to any issue at trial.

The applicants brought an application for a stay of proceedings, arguing their s. 11(b) Charter rights were violated due to unreasonable delay.

The total delay from charge to the anticipated end of trial was 43.5 months.

After deducting 5.5 months of defence waiver and 6 months for exceptional circumstances (Crown illness and underestimation of trial time), the net delay was 32 months.

The court found the case was not particularly complex and the remaining delay exceeded the 30-month Jordan ceiling.

The application was granted and a stay of proceedings was entered.