The defendant was charged with nine counts of wilfully collecting and using personal health information without authority under the Personal Health Information Protection Act, 2004.
The defendant brought Charter applications under section 11(b) for unreasonable delay and under section 7 for abuse of process and selective prosecution.
The court found a violation of section 11(b) due to Crown delay of 16 months and 10 days, which exceeded the Morin guidelines by 6 months and 10 days.
The court found actual and inferred prejudice to the defendant.
The court rejected the section 7 application, finding no abuse of process.
A stay of proceedings was granted pursuant to section 11(b) and section 24(1) of the Charter.
