Vered Beylin

The accused was charged with obstructing a peace officer by providing false identification, failing to comply with recognizance conditions, failing to attend court, possession of cannabis, and having liquor in an open container.

The central issue was whether the vehicle stop was lawful and whether Charter rights were violated.

The court found that the vehicle was stopped solely because it was a rental vehicle, with no traffic violation or other lawful basis for the stop.

The court determined that the accused, as a passenger, was subject to an unlawful detention and seizure without reasonable cause.

The court excluded all evidence and utterances pursuant to section 24(2) of the Canadian Charter of Rights and Freedoms due to serious Charter breaches, and acquitted the accused on all charges.

The accused brought a motion pursuant to sections 11(b) and 24(1) of the Canadian Charter of Rights and Freedoms seeking a stay of proceedings on the basis that her right to be tried within a reasonable time had been infringed.

The accused was charged with refusing to comply with a demand to provide a breath sample.

The court found that the combined institutional and Crown delay exceeded the Morin guideline of eight to ten months by more than two months.

The Crown had adjourned the original trial date to allow an officer to testify in another matter, and subsequently failed to make officers available for numerous rescheduled dates.

The court inferred prejudice to the accused's security of the person and found that the delay was unreasonable.

A stay of proceedings was granted.