Stay application based upon alleged abuse of process and delay. Murder charges. Long history of delayed and inadequate disclosure by the police. Charges stayed by the Crown on the eve of trial, given that the Crown was not satisfied with the “integrity of the disclosure process,” and concern had arising regarding fair trial rights. Charges then re-activated 9 months later. Defence alleged breaches of ss. 7 and 11(b).
Held: Stay application dismissed.
Beyond the admitted failings regarding disclosure, there was no mala fides by the RCMP. “There was never a plan to harm or unfairly prejudice Mr. Vader.” Not the clearest of cases justifying a stay. “The reasonable and well-informed observer would be very troubled by the bungling that caused the first trial to be abandoned, but would also understand that this ‘failure of the system’ was also a sign of its strength.”
B. Beresh – Defence Counsel