The Crown appealed a stay of proceedings entered on impaired driving and excess alcohol charges for breach of the respondent’s right to be tried within a reasonable time under s. 11(b) of the Charter.
The appeal turned on whether delay following unsuccessful trial dates was properly attributed to the defence or to institutional delay.
The court held that where a case is not reached and must be rescheduled, the matter should receive priority and isolated defence unavailability within multi-month periods does not necessarily convert the resulting delay into defence delay.
The trial judge did not err in treating the rescheduling delay, including delay flowing from the need for a further trial date after the s. 11(b) application, as institutional delay.
The appeal was dismissed and the stay of proceedings was upheld.
