The applicant, charged with impaired driving offences, brought an application for a stay of proceedings under s. 24(1) of the Charter, alleging an infringement of his right to be tried within a reasonable time under s. 11(b).
The total delay from the laying of the Information to the anticipated end of trial was 1675 days.
After deducting 774 days of defence-caused delay and 210 days of exceptional circumstances due to the COVID-19 pandemic, the remaining net delay was 691 days (22.71 months).
As this exceeded the 18-month presumptive ceiling for the Ontario Court of Justice, the court found the delay unreasonable and granted a stay of proceedings.
