Evan Jaymes Rotman Akriotis

The defendant was charged with impaired driving and driving with excess blood alcohol following a collision at a gas station.

The Crown's case relied on observations of impairment before and after arrest, breath sample analysis, and toxicological evidence.

The defendant raised multiple Charter applications challenging the lawfulness of the arrest, the demand for breath samples, interpretation services, and the right to counsel.

The court found the defendant guilty on both counts after rejecting all Charter challenges and finding compelling evidence of impairment based on the totality of circumstances.

The applicant brought a motion for a stay of proceedings alleging unreasonable delay under s. 11(b) of the Charter.

The charge involved operation of a motor vehicle with excess blood alcohol following a single-vehicle collision.

The total delay from charge to trial exceeded the eighteen-month presumptive ceiling established in Jordan by approximately two weeks.

The Crown argued that a four-week delay attributable to defence requests for additional disclosure should be excluded from the calculation.

The court found that the defence request for radio communications was reasonable and necessary, and that the delay was primarily attributable to police failure to provide timely disclosure.

The court granted the stay of proceedings, finding the delay unreasonable both under the new Jordan framework and under the former Morin framework.