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A courtroom hallway, grey terrazzo floor, fluorescent overhead lighting, empty benches along the walls, a closed courtroom door at the far end.
A courthouse hallway, empty. The ninety-day deadline arrived on June 11. The courtroom at the end of this hallway will not be open on the matter until June 19.
Photograph · Wire Service
Citizens · Criminal Courts Page A43

The ninety-day deadline the Crown has already missed.

On March 13, 2026, the presiding justice at a second court appearance in a Guelph criminal matter designated the case Stream A on the open court record. Stream A, in the Ontario Court of Justice's case-management framework, carries a ninety-day Crown disclosure obligation from the date of the designation. The ninety-day deadline was June 11, 2026. The Crown has not completed disclosure. The next court appearance is June 19, eight days after the deadline the country set for the case the country designated as short and straightforward.

Stream A is the Ontario Court of Justice's designation for a short, simple criminal matter: a matter expected to resolve in half a day or less at trial, or to resolve without trial in a relatively compact time frame. The designation is made by the presiding justice when the case comes before the court and the justice, having reviewed the charges and the anticipated timeline, determines that the matter is a Stream A matter. The designation is made on the record. It is a judicial direction. It binds the Crown to a ninety-day disclosure obligation from the date of the designation. The ninety days are not an aspiration. They are the justice's assessment of how long it should take the Crown to complete the disclosure that a matter of this complexity and duration requires.

The presiding justice at the second court appearance in the Guelph matter this magazine has been following designated the matter Stream A on the record in open court on March 13, 2026. The designation is confirmed by the court's own records, by the accused's contemporaneous notes, and by a subsequent court hearing at which the designation was confirmed on the record. The ninety-day clock began March 13. The ninety-day deadline was June 11, 2026. Today is June 14. The disclosure is not complete. The next appearance is June 19.

What remains outstanding

The outstanding disclosure is not a small or peripheral matter. The list, as this magazine has assembled it from the defence file, includes the following. A USB drive, produced by the Crown as the principal disclosure vehicle for video and audio evidence in this matter, that cannot be opened on any standard computing platform. The drive is sixty-one point nine gigabytes, encrypted in a format the recipient's devices cannot natively read. Disclosure provided on an unreadable medium is not, under the country's law of disclosure as established in R v Stinchcombe, effective disclosure. The contents of the drive are unknown. The contents likely include body-worn camera footage and in-custody recordings whose evidentiary significance to the defence's Charter applications is high.

The transport vehicle recording, a recording produced by the same officer on the same night as the arrest, from the same Axon system that produced the arrest body-worn camera, contains no recoverable audio in its current form. The recording runs for two hours and eleven minutes. Every audio sample in the recording is at the codec noise floor, the digital equivalent of a silent track. The same recording system, on the same date, produced a normal audio recording on the arrest body-worn camera at a bit rate more than sixty times higher than the transport recording. The transport recording covers the period from the accused's loading into the transport vehicle to booking at the station, the period during which the most significant Charter-relevant exchanges occurred during transport. The recording exists. It contains no audio. The Crown has produced it. The Crown has not explained it.

The arresting officer's formal computer-generated notes, not the handwritten notebook, which has been produced, but the formal Notes report filed in the police service's system under a document number, have not appeared in any of the five disclosure packages produced in this matter. The officer of record authored, among other documents, the Crown synopsis and the principal will-say. The formal Notes report is the equivalent document in the police service's own record-keeping system. It has not been produced. Ninety days after the Stream A designation, it is still outstanding.

The ninety-day clock started March 13. It expired June 11. The next appearance is June 19. The USB drive cannot be opened. The transport recording has no audio. The formal officer Notes have never appeared in any disclosure package.

What Stream A is for and what it has produced

Stream A exists to make efficient use of court time. Short matters, the court's management framework reflects, should move quickly. The designation is the court's signal that the case before it does not require the procedural trajectory of a complex multi-week trial. The designation allocates court resources accordingly. The Crown's ninety-day obligation is the operational consequence of the designation: if the court has said this is a simple matter, the Crown should be able to complete its disclosure obligations in ninety days, because simple matters have proportionate disclosure obligations. The designation and the obligation are linked.

What Stream A has produced, on the file this magazine is describing, is a ninety-day period in which five disclosure packages were delivered, none of which contained the formal officer Notes, any of which could be read on the USB drive, or any of which included an explanation for the transport recording's complete audio absence. The ninety days have elapsed. The matter is not at trial. The matter is at its sixth appearance, scheduled for June 19. Eight days after the deadline the court set for the case the court described as simple and short.

The Jordan clock and what it records

R v Jordan, 2016 SCC 27, established a framework for determining when delay in a criminal proceeding has become unreasonable under section 11(b) of the Charter, which guarantees the accused the right to be tried within a reasonable time. The Jordan framework sets a presumptive ceiling, for proceedings in the Ontario Court of Justice, of eighteen months from the date of charge to the conclusion of trial. Time above the ceiling is presumptively unreasonable. Time below the ceiling can still be unreasonable if the defence establishes that the delay was caused by Crown conduct that departed from the standard of reasonable conduct and resulted in prejudice. The Jordan ceiling in this matter is not immediately in view, the charges are four months old. But the Jordan framework also records, within its accounting, the time that is attributable to Crown-caused delay, time when the Crown's failure to complete disclosure, failure to produce materials, or failure to advance the matter has added to the total time elapsed.

The period between the Stream A deadline and the next appearance date is eight days. The period between the original disclosure request and the production of the case-activity log was one hundred and seven days. The USB drive has been unreadable since it was produced. The formal Notes have never been produced in five packages spanning five months. These are not identical delays, and not all of them are attributable to the Crown on the Jordan clock. But the pattern they form, of outstanding material, of a deadline passed, of an appearance scheduled after the deadline rather than before it, is the pattern the Jordan framework was built to address, and it is the pattern the country's criminal courts are asked to evaluate at the June 19 appearance in this matter.

The verdict

March 13. That is the date the justice said Stream A on the record. June 11 is ninety days from March 13. June 14 is today. June 19 is the next appearance. Eight days separates the deadline the country set from the date the country has scheduled to discuss whether the deadline has been met.

Read the USB drive. Explain the transport audio. Produce the formal officer Notes. Then ask whether this is the way a Stream A matter, a matter the presiding justice found to be short, simple, and suitable for rapid resolution, was supposed to proceed. The ninety days are gone. The disclosure is not complete. The answer to the question "why?" is due not on June 19 but on June 11, and the country is already eight days past the answer it was supposed to give.