Child Pornography Prosecution Halted After Establishing Violation of Charter Rights

All of the charges against Tyler MacDonald’s client were stayed after he established that his client’s right to a trial within a reasonable time, protected under s. 11(b) of the Charter of Rights and Freedoms, was violated. A stay of proceedings means that the prosecution against the accused is halted, and, as the accused’s presumption of innocence has been maintained, it has the same legal effect as if the accused were acquitted after a trial.

Mr. MacDonald, a Toronto criminal lawyer, proved that the delay in getting to trial, which took over three years, was unreasonable, and that the client and Mr. MacDonald had done nothing but try to take the matter to trial as quickly as possible. During this time the client suffered stress and many restrictions on his freedom due to an array of bail conditions. The judge found that the length of time it took to reach trial, the reasons for the delay, and the effect of all of this on the accused, outweighed the societal interest in proceeding to trial on the serious child pornography charges which the client faced.