The Crown appealed the dismissal of a Charter section 11(b) delay application and challenged the conviction for failing to comply with section 159(3) of the Highway Traffic Act.
The respondent was charged with failing to slow down, proceed with caution, and change lanes when approaching an emergency vehicle with flashing lights on a multi-lane highway.
The trial justice dismissed the delay application and convicted the respondent.
On appeal, the court upheld both the dismissal of the delay application and the conviction, finding that the delay was largely attributable to the respondent's actions and that the respondent failed to comply with all three obligations under section 159(3).