Part II – We Just Proved it!
On December 13, 2016, Ryan Conlin and I published an
update concerning the recent case of R. v. Live
Nation (since reported: here)
in which the Ontario Court of Justice found that the new test for
unconstitutional delay (the "Jordan
Test") applied equally to corporate defendants in
regulatory prosecutions. That new test was the result of last
summer's Supreme Court ruling in R. v.
Jordan. Despite the favourable ruling for all
employers, the application of the new test did not result in a stay
of proceedings in R. v. Live Nation.
This author was counsel to an individual director and ten
corporate defendants in an Employment Standards Act
("ESA") prosecution (R. v
Fitness One et. al., unreported), in which we brought a
motion arguing that the defendants' constitutionally protected
rights to a trial within a reasonable time as protected by s.11(b)
of the Canadian Charter of Rights and Freedoms, had been
breached.
