Toronto police simply did not provide evidence that should have been available since an April 2021 arrest, pushing the trial past a Supreme Court-imposed limit for allowable delay.
Toronto police’s slow pace at disclosing evidence in a firearms case was “bordering on negligent,” a judge said, tossing all charges due to delay.
The Supreme Court has said that provincial court cases must be completed within 18 months. If that deadline is breached, the case must be tossed for violating a person’s constitutional right to be tried within a reasonable time, unless the delay can be explained by exceptional circumstances. “The conduct of the police in this case can be characterized as bordering on negligent,” Amarshi wrote. “This case ranks among the worst of disclosure-delayed matters that have come into my court.”
In the wake of Pierzchala’s killing, the Ontario Association of Chiefs of Police and all 13 premiers issued calls for legislative reform. Amarshi noted that by the anticipated end of MacMillan’s trial on Feb. 14, it will have been more than 22 months since his arrest.The case was plagued by delays as it moved through the courts, including having to cancel a pre-trial hearing due to the lack of evidence being disclosed. On one occasion, the Crown even said in court that initial disclosure was ready when it was not, Amarshi wrote.
“What is clear from the evidentiary record ... is that the Crown consistently over the course of these proceedings made concerted efforts to follow-up with the Toronto Police Service,” Amarshi said.
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