W. B. Horkins J.

The accused were charged with offences arising from the discovery of two handguns in a downtown Toronto hotel room.

The Crown sought to admit evidence obtained through an investigative chain that included an initial street-level drug investigation, a warrantless search of a rental car, and a warrantless entry into a hotel room.

The accused challenged the admissibility of the evidence under section 24(2) of the Charter, alleging multiple Charter breaches.

The court found that while there were some Charter violations, they were not sufficiently serious to warrant exclusion of the evidence.

The court admitted the evidence, finding that the officers acted in good faith, the breaches were minimal, and society's interest in prosecuting firearm offences outweighed the Charter violations.

The accused was charged with impaired driving and driving over 80 milligrams percent.

He brought an application for a judicial stay of proceedings under s. 11(b) of the Canadian Charter of Rights and Freedoms, alleging a violation of his right to trial within a reasonable time.

The case was approximately 15 months old at the scheduled trial date.

The court found that the combined institutional and Crown-attributable delay exceeded 12 months, which was well in excess of what is constitutionally tolerable.

Although the allegations were serious and created heightened public interest, the excessive delay, combined with significant prejudice to the accused's security of the person, warranted a stay of proceedings.