The applicant, Mary Thompson, sought a stay of proceedings for fraud over $5,000, alleging Charter violations (ss. 7 and 11(d)) due to the Crown's failure to obtain and disclose "handwritten calculated forms" essential for her defence.
The Crown argued the documents were never in their possession and were missing before the investigation began.
The court found no s. 7 breach by the Crown or police regarding the missing forms, as they were likely lost before the investigation began and were never in the Crown's possession.
The court deferred the application for a stay to the trial judge, emphasizing that such decisions are usually made at the end of the trial to better assess prejudice.
The court also rejected the applicant's submission that the Crown's decision to proceed without an independent forensic audit constituted an abuse of process.
