The defendant was charged with impaired driving and driving with over 80mg of alcohol in 100ml of blood following a motor vehicle collision on April 28, 2013.
This was the second section 11(b) Charter application challenging the delay in bringing the matter to trial.
The trial commenced on June 16, 2014 (approximately 14 months after arrest) but did not conclude, requiring a continuation date of October 3, 2014 (an additional 109 days of delay).
The court found total state-caused delay of 11.5 months, exceeding the Morin guidelines by six weeks.
The defendant suffered actual prejudice including stress, anxiety, sleep disturbance requiring medication, and loss of a job opportunity.
Balancing the defendant's prejudice against the serious nature of the offence and strong societal interest in trial on merits, the court found the delay constitutionally intolerable and granted a stay of proceedings.