The accused brought a Charter application under s.11(b) of the Canadian Charter of Rights and Freedoms seeking a stay of proceedings for delay in trial.
The accused was charged with impaired driving and operating a motor vehicle with a blood alcohol concentration exceeding 80 mg per 100 ml of blood.
The information was sworn on August 13, 2013, and the trial was scheduled for January 5-6, 2015, representing a delay of approximately 17 months.
The court applied the four-factor test from R. v. Morin, examining the overall length of delay, waiver by the accused, reasons for delay, and prejudice.
The court found institutional and Crown delay of 11.5 months, which while exceeding the 8-10 month guideline, did not constitute a violation of s.11(b) rights when balanced against society's interest in a trial on the merits and the absence of material prejudice to the accused.
