The accused was charged with impaired driving causing bodily harm, dangerous driving causing bodily harm, and failing to provide breath samples.
The total delay from the swearing of the Information to the anticipated end of trial was approximately 38.5 months.
After deducting periods of defence delay, including waivers and adjournments, the court calculated a net delay of 20 months.
As this exceeded the 18-month Jordan ceiling for provincial courts and the Crown did not rely on exceptional circumstances, the court found a violation of the accused's s. 11(b) Charter rights and ordered a stay of proceedings.
