The applicant brought a motion for a stay of proceedings under section 11(b) of the Canadian Charter of Rights and Freedoms, alleging a breach of the right to trial within a reasonable time.
The charges were laid on October 5, 2013, with trial scheduled for March 25, 2015, a delay of approximately 17.5 months.
The applicant also sought costs.
The court found that while there was institutional delay, the applicant had not satisfied the burden of demonstrating a Charter violation.
The court attributed responsibility for the adjournment of the first trial dates to the defence rather than the Crown, and found minimal prejudice to the applicant.
Both the stay application and the costs application were dismissed.
