This relates to case #23 of 2015 Drug Offences.
Specifically, once we received a ruling as to the exclusion of all evidence seized by the police pursuant to section 24(2) of the Charter as a consequence of the violation of ZYZ’s right to be secure against unreasonable search or seizure (as guaranteed by section 8 of the Charter) the Crown sought a ruling from the trial Justice on an application that had been brought earlier by Patrick Fagan. In that earlier application Patrick Fagan had sought a stay of proceedings pursuant to section 24(1) of the Charter as a consequence of the violation of ZYZ’s right to be tried within a reasonable period of time as guaranteed by section 11(b) of the Charter.
In light of the ruling excluding all evidence from the proceedings Patrick Fagan saw no need for a ruling on the “delay” application – the Crown did not agree and pressed the trial Justice to make a ruling. Well . . . the trial Justice acquiesced and gave the Crown what it asked for – a ruling on the “delay” application.
Bottom Line: The Court ruled that the police also had violated ZYZ’s right to be tried within a reasonable period of time as guaranteed by section 11(b) of the Charter and directed that a stay of proceedings be entered (effectively killing the prosecution) pursuant to section 24(1) of the Charter.
This final chapter in the ZYZ saga brought to a very successful close this most serious prosecution.
If you wish to review the Court’s written decision (reported at 2015 ONSC 7942) on the “delay” application please click here.