R v Robert, 2018 ONSC 545

Facts / Background: This was a hearing of a Pre-Trial Charter Application. There were two accused individuals who were facing indictment for 34 counts of inflicting pain, suffering and injuries to dogs. The two accused allegedly ran a dog fighting “business” and 31 dogs were seized from their property (including pit bulls which in the area are a banned dog breed). There were also weapons and narcotic seized.

The two Charter arguments claimed (1) a violation of s. 11(b) by unreasonable delay in the trial, and (2) a violation of s. 8 by unreasonable search as seizure. They sought (1) a stay of proceedings and (2) exclusion of evidence. Only the 11(b) claim is discussed here.

Analysis: Looking at the Jordan principles of delay, the timeline from the arrest to the last day of trial for the two accused was 946 days. The judge found some of the crown’s reasoning to be inadequate and that the delay was unjust.

Judgement: The judge found that the s. 11(b) Charter rights of the accused has been breached, and pursuant to s 24(1) of the Charter, all the charges against the two accused were stayed.