Accused charged with 15 counts of trafficking and conspiracy to traffic in cocaine and fentanyl. After preliminary inquiry, he was ordered to stand trial on all counts, plus additional count sought by Crown under CC s 467.13. More than a year after the original 15-count Information had been laid, Crown gave notice that it might add this charge upon committal. Accused argued breaches of his s 11(a) (due to unreasonable delay) and s 7 (due to abuse of process by assigning prosecutorial function to a judge) Charter rights. Also brought constitutional challenge against CC s 548.
Held: Application dismissed.
Per Delaronde,  1 SCR 213, if there was a delay, it was not unreasonable, and accused suffered no prejudice – economic or otherwise – as a result. The possibility of a charge being added would not cause an accused to forego a preliminary inquiry that they otherwise want to occur. “That CC s 548 might have an effect on an accused’s defence strategy does not render it an abuse of process.”
R. Claus – Defence Counsel