COURT OF APPEAL FOR ONTARIO

DATE: 20000308

DOCKET: C33075

RE: HER MAJESTY THE QUEEN (Respondent) – and –

PAUL MacINNES (Appellant)

BEFORE: CHARRON, GOUDGE AND MacPHERSON JJ.A.

COUNSEL: Allan G. Letourneau

For the appellant

Robin Parker

For the respondent

HEARD: March 7, 2000

On appeal from the Order of Pedlar J. dated April 1, 1999.

E N D O R S E M E N T

[1] Although the argument has focussed on the reasons for various aspects of the delay the fundamental analysis must be whether taking all considerations into account the appellant’s s.11(b) rights were violated.

[2] We agree with the summary conviction appeal judge that the primary consideration here is the absence of reasonable diligence on the part of the appellant in seeking the special disclosure in February 1998. While we do not condone the delays of the police first in disclosing the notes of the arresting officers for June 2, 1997 and second, in complying with the order of Justice Baker, given the lack of diligence of the appellant in seeking this order we cannot view these time frames as running consecutively for the purposes of the s.11(b) analysis.

[3] In light of this and the very limited prejudice shown by the appellant, together with the nature of the charge in this case, we agree that there was no violation of the appellant’s s.11(b) rights.

[4] The appeal must be dismissed.

“Louise Charron J.A.”

“S.T. Goudge J.A.”

“J.C. MacPherson J.A.”