R. v. M.B Provincial Court of Alberta (Calgary)
Client charged with criminal negligence causing bodily harm x 3 & dangerous driving causing bodily harm in relation to a car accident that occurred on Highway 2. The matter was scheduled for trial in Airdrie Provincial Court; as a result of late disclosure from the Crown’s office the first trial was adjourned. The second trial was scheduled in Court approximately 2 years after the original charges occurred. Ms. Urquhart made an Askov application arguing that her clients’ rights under s 11(b) of the Charter were breached as a result of unreasonable delay.
Result: The Honourable Judge A.J. Brown found a breach of M.B.’s Charter rights and ordered a judicial stay of proceedings.