C. Melo

This ruling addresses an application for a stay of proceedings under section 11(b) of the Canadian Charter of Rights and Freedoms due to an alleged unreasonable delay in a two-day drink driving trial.

The court analyzed the timeline against the Supreme Court of Canada's framework in R. v. Jordan, which sets an 18-month presumptive ceiling for trials in the Ontario Court of Justice.

The defendant had initially scheduled trial dates within the Jordan guideline but requested an adjournment and waived delay, resulting in a total delay exceeding 24 months.

The court found the waiver was informed and unequivocal, and that the defendant's actions caused the delay.

Consequently, the court dismissed the stay application, emphasizing that delays caused by the defence waiver do not constitute a breach of section 11(b).

This decision addresses multiple Charter challenges raised by Bambot Njei-Bentley in relation to his arrest for impaired operation and refusal to provide breath samples under the Criminal Code.

The court carefully analyzed the validity of the breath demand, the reasonableness of the arrest, and the police's compliance with the informational and implementational duties under section 10(b) of the Charter.

The judge found no breaches of sections 8, 9, or 10(b) rights that would warrant exclusion of evidence.

The Crown was found to have proven beyond a reasonable doubt that the accused intentionally and unequivocally refused to comply with a lawful breath demand without a reasonable excuse, resulting in a conviction on the refusal charge.

The impaired operation charge was dismissed on Crown's own admission.