The applicant brought a motion alleging a breach of his Charter right to be tried within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms.
The applicant faced charges of impaired driving and driving while over 80 mg of alcohol in 100 ml of blood dating to November 2014.
He was convicted after a one-day trial in November 2015, but that conviction was set aside on appeal in June 2017 and a new trial was ordered.
The applicant sought a stay of charges, arguing that the delay in bringing him to retrial breached his constitutional rights.
The court found that the Crown failed to expedite the retrial process despite clear appellate direction to do so and despite the post-Jordan framework requiring timely resolution of cases.
The court granted the stay of charges.
