26. Regina v. Z.Y.Z. [Superior Court, Kenora, Ontario – October 2015]
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.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.