The accused brought a section 11(b) Charter application seeking a stay of proceedings for delay in trial.
The accused was charged with impaired driving and driving with excess alcohol on May 24, 2013, with the information sworn on June 19, 2013.
The trial was scheduled for July 21, 2014, approximately 13¼ months later.
The court found that while the overall delay fell within acceptable institutional guidelines for the Peel Region, the Crown's negligent and repeated failures to provide complete and accurate disclosure, combined with specific prejudice to the accused, constituted a violation of the right to trial within a reasonable time.
The application was granted and the charges were stayed.
