Simon M. Brown

The applicant, Andrea Morales, brought an 11(b) Charter motion for a stay of proceedings due to unreasonable delay in a Provincial Offences Act charge for a noise bylaw violation.

The court applied the R. v. Jordan framework, calculating the total delay, subtracting defence-attributable delay and delay caused by the COVID-19 pandemic as an exceptional circumstance.

The net delay was found to be below the 18-month presumptive ceiling for provincial offence matters.

The court also addressed the applicant's claim regarding lack of disclosure, ruling that the municipal bylaw was a public document not subject to first-party disclosure rules.

The motion was dismissed as the applicant failed to meet the onus of demonstrating unreasonable delay.

The appellant appealed his conviction for knowingly making a false or misleading statement to obtain payment for chiropractic services in violation of section 447(2)(a.3) of the Insurance Act.

The appellant challenged the conviction on multiple grounds: that the information was laid outside the limitation period under section 449 of the Insurance Act; that section 449 was unconstitutional as violating sections 7 and 11(d) of the Charter; and that his right to trial within a reasonable time under section 11(b) of the Charter was violated.

The appellant also appealed his sentence of a $10,000 fine, 12 months' probation, and $175 restitution.

The court dismissed all grounds of appeal, finding that the information was properly laid within the limitation period, that section 449 was neither vague nor overbroad and did not engage Charter protections, and that the delay was reasonable under the Jordan framework.

The sentence was found to be fit.