Case Categories: 6 - CHARTER / CONSTITUTIONAL and Section 11(b) - Trial in reasonable time
R v Fotiou, 2018 ONSC 4958 (Sweeny):
Defence Caused Delay
[31] On the issue of defence caused delay, in my view, this would include the period of time from May 10, 2016, to July 19, 2016, when the matter was being adjourned for the purposes of a guilty plea. During this time, the Crown justifiably anticipates the matter will resolve. There is no need to push for a trial date. The time is lost as a result of the change of instructions communicated on July 19, 2016. The time from May 10 to July 19 was a delay in bringing the action to trial that occurred through no fault of the Crown. The Crown was complicit in the adjournments but only on the understanding that the matter would be resolved. Contrary to the reasons of the trial judge, I would not expect nor was the Crown required, at law, to object or obtain an 11(b) waiver when the matter is being adjourned for a plea. This 69 day period is correctly characterized as defence caused delay that the trial judge did not attribute to the defence.
Case Categories: 6 - CHARTER / CONSTITUTIONAL and Section 11(b) - Trial in reasonable time