T. Wong

A corporate defendant brought a motion under s. 11(b) of the Charter of Rights and Freedoms seeking a stay of proceedings based on unreasonable delay.

The defendant was charged with three counts under the Occupational Health and Safety Act arising from a workplace injury.

The court considered whether the Jordan framework applied to regulatory matters and corporate accused, and whether the net delay of approximately 25 months exceeded the 18-month presumptive ceiling for provincial court trials.

The court found that Jordan applies to both regulatory prosecutions and corporate defendants, that the delay was presumptively unreasonable, and that the Crown failed to establish exceptional circumstances to justify the delay.

The court granted the stay of the remaining charge.

The Crown appealed sentences imposed on a small roofing company and its owner/supervisor for violations of the Occupational Health and Safety Act.

The violations involved failure to provide adequate fall protection to a worker who fell approximately 6 meters from a roof, sustaining serious injuries including a fractured pelvis and broken arms.

The trial judge imposed fines of $1,000 for the company and $500 for the supervisor, placing significant weight on the company's small size and financial circumstances.

The appellate court found the trial judge erred in principle by overemphasizing the company's financial situation and imposed fines that were demonstrably unfit.

The appeal was allowed and fines were increased to $12,000 for the company and $2,000 for the supervisor, with 12 months to pay.