The appellant appealed a provincial offence conviction on the grounds that the Justice of the Peace erred in dismissing a Charter s. 11(b) application regarding trial delay.
The appellant had retained counsel days before the first trial date without disclosure, resulting in an adjournment to September 15, 2017.
At trial, the appellant pleaded guilty to a reduced charge and was sentenced.
The court dismissed the appeal on two grounds: first, that a guilty plea constitutes a waiver of the right to challenge pre-trial rulings, and second, that on the merits, the delay was caused by the defence and therefore did not violate the applicable legal tests.
