Failure to investigate adequately not a Charter breach

Today’s Court of Appeal decision in R. v. Barnes, 2009 ONCA 432 makes clear (albeit by splitting an infinitive) that the failure of authorities to investigate properly is not a Charter violation:

 

 

As the law now stands, a failure to adequately investigate a case does not give rise to an independent Charter violation. Where, as here, the Crown has met its disclosure obligations, to make out a s. 7 breach on the basis of evidence that is no longer available the accused must establish actual prejudice to the right to make full answer and defence: see R. v. La, [1997] 2 S.C.R. 680 at para. 25.