The defendant brought a motion for a stay of proceedings under section 24(1) of the Canadian Charter of Rights and Freedoms, alleging an infringement of her right to trial within a reasonable time under section 11(b) of the Charter.
The charge was for Red Light-Fail to Stop under the Highway Traffic Act.
The defendant was charged on November 2, 2010, and the matter proceeded through multiple trial dates, a conviction in absentia, a reopening of the conviction, and subsequent adjournments.
The court found that the total delay of 24 months and one week, with institutional delay of 10 months and 9 days, exceeded the guideline of 8 months established in R. v. Morin.
The court granted the stay of proceedings.
