The accused brought a motion for a stay of proceedings based on unreasonable delay under s.11(b) of the Canadian Charter of Rights and Freedoms.
The accused was arrested on December 16, 2012 for impaired driving and care or control of a motor vehicle with a blood alcohol content over 80 mg/100 mL.
The trial was scheduled for March 13-14, 2014, approximately 15 months after the incident.
The court found that the Crown's disclosure was incomplete and late, with essential police notes not provided until after the second court appearance.
The court calculated state-attributable delay as 1 month and 4 days for late disclosure and 10 months and 3 days for institutional delay, totaling approximately 11¼ months.
The court found this exceeded the Morin guidelines of 8-10 months and that the accused suffered real prejudice.
The motion was granted and the charges were stayed.
