E. Bobnar

The applicant, charged with Highway Traffic Act offences in October 2019, sought a stay of proceedings under s.11(b) of the Charter due to unreasonable delay.

The trial was initially scheduled for March 2020 but was administratively adjourned due to the COVID-19 pandemic, with a revised trial date set for September 2021.

The total elapsed time was 22 months and 26 days, exceeding the 18-month presumptive ceiling established in R. v. Jordan.

The respondent argued that the COVID-19 pandemic constituted an exceptional circumstance.

The court found that the period of 16 months and 5 days, from the first trial date (March 30, 2020) to the date the trial was rescheduled (August 4, 2021), was an exceptional discrete event attributable to the pandemic and should be deducted.

After deduction, the remaining delay was 7 months and 8 days, well within the Jordan ceiling.

The court also noted that the applicant had not taken meaningful steps to expedite proceedings.

Consequently, the application for a stay was dismissed.

The defendant was charged with driving a motor vehicle while holding a hand-held wireless communication device contrary to section 78.1(1) of the Highway Traffic Act.

A police officer observed the defendant stopped at a red light holding a black BlackBerry device in his right hand with his thumb moving in a texting motion, while holding a dog in his left hand.

The officer continued to observe the defendant driving southbound while holding and using the device.

The defendant's agent argued that the prosecution failed to prove the device was a wireless device capable of texting.

The court found the defendant guilty, holding that the prosecution proved all elements of the offence beyond a reasonable doubt, including that the device was a hand-held wireless communication device capable of receiving or transmitting communications.