The applicant brought a motion alleging a breach of his s. 11(b) Charter right to be tried within a reasonable time for impaired driving charges.
Although the total delay of 17.1 months fell below the 18-month presumptive Jordan ceiling, the applicant sought an under-the-ceiling stay.
The court found that the defence took meaningful, sustained steps to expedite the proceedings and that the case took markedly longer than it reasonably should have, primarily due to the Crown's complacency in providing initial disclosure.
The court granted the application and stayed the charges.
