An application under the Canadian Charter of Rights and Freedoms, section 11(b), challenging delay in the prosecution of charges for driving while suspended under the Highway Traffic Act and speeding.
The applicant argued that the total delay of approximately 25 months, with institutional delay exceeding the Morin guideline of 8-10 months, constituted a breach of the right to trial within a reasonable time.
The Crown argued that the delay calculation should commence only when both parties were ready for trial, which was January 21, 2015, resulting in approximately 6 months of Crown/institutional delay.
The court found no breach of section 11(b) rights and dismissed the motion, allowing the charges to proceed to trial.
