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?
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.
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