Charter Motion and Appeal Case
skip to navigationMr. B was charged with several driving-related offences. He retained Mr. Prutschi to assist him with his trial and Mr. Prutschi immediately made requests for complete disclosure from the crown attorney and demanded that an early trial date be set.
The crown repeatedly failed to provide full disclosure as required causing the trial to be delayed for many months. When the trial did finally come around, Mr. Prutschi brought an application under the Charter to have the charges stayed for violating Mr. B's right to trial within a reasonable time.
The trial court ruled in Mr. B's favour but the crown appealed that decision. Mr. B hired Mr. Prutschi to act on his behalf on the appeal as well. At the appeal level, the decision on the Charter application was reversed but Mr. Prutschi's alternative arguments were accepted and Mr. B was acquitted of all the charges.