Court of Appeal for Ontario
Date: 2017-10-17 Docket: C62539 Judges: Doherty, LaForme and Paciocco JJ.A.
Between
Her Majesty the Queen Respondent
and
Brandon Norrie Appellant
Counsel
Carol Shirtliff-Hinds, for the appellant
Davin Michael Garg, for the respondent
Hearing
Heard: October 16, 2017
Background
On appeal from the order of Justice Guy P. Di Tomaso of the Superior Court of Justice, dated June 27, 2016, allowing an appeal against the stay of proceedings ordered on September 16, 2015, by Justice Gregory Regis of the Ontario Court of Justice.
Appeal Book Endorsement
[1] We see no reason to doubt the correctness of the order of the Summary Conviction Appeal Court judge, setting aside the stay and ordering a new trial.
[2] There was no basis, in law or fact, to stay the charges against the appellant based on the failure of the police to lay the information within the statutory time limit, or serve the summons in a timely fashion. The possibility that the appellant may have availed himself of the opportunity to mitigate the driving suspension portion of a sentence he may have received had the system functioned as it should have, does not give rise to any credible Charter claim, much less one that could justify the staying of serious criminal charges.
[3] There has been no trial in this matter. The other issues raised below and on this application involve allegations of Charter violations during the interaction between the appellant and the investigating officer. Those issues can be raised and fully explored at trial if counsel are so inclined. Nothing said by the initial trial judge or the Summary Conviction Appeal Court judge should be taken as dispositive of any of those issues.
[4] Leave to appeal is refused.