OHTA.ca

Hi, I submitted a STAY application (form 4F) at least 20 days prior to trial due to no disclosure being received (previously sent disclosure requests 8 months and 4 months prior to trial via registered mail.)

The prosecutors office called me on August 3rd (Friday afternoon) that disclosure materials were ready..(trial date is August 15), which is 6 business days prior to trial.

I suspect that they started to gather the disclosure materials after I had submitted my stay application

Can I still proceed with my stay application?

Ask for a stay, if the JP refuses then ask for more time so that you can prepare your defense because the prosecutor took so long to provide disclosure. With any luck that will put you into 11b territory.

Your s7 charter challenge is seeking a remedy to "non-disclosure". What's been granted here is disclosure. Receiving disclosure, the courts will be satisfied the charter challenge has been remedied. They will schedule a new date so that you can review the disclosure and make full answer to the charges.

The courts could stay the proceedings if they believe your rights will further be breached as a result of the next available trial date being in 11b territory. This really requires a good JP, because some will just schedule it and let you file another Charter Challenge.

Unfortunately, I don't believe this s7 charter challenge was worth your time and efforts. You were a lot better off, requesting disclosure and appearing in court and on the record stating all your previous disclosure requests and sounding out any new dates is a crown-delay.

The key to getting a Charter Stay is through S11b, using S7 and lack of disclosure as what constitutes the delay.