The applicant brought a motion to stay charges of impaired driving and "over 80" on the basis of a breach of his right to be tried within a reasonable period of time under Section 11(b) of the Canadian Charter of Rights and Freedoms.
The charges were laid on June 24, 2014, with the information sworn on July 9, 2014.
The trial was scheduled for one day but was not completed until April 13, 2016, with judgment delivery delayed until February 7, 2017.
The total delay was 26 months, or 24 months after deducting defence delay.
The court found that the net delay of 24 months exceeded the 18-month presumptive ceiling established in R. v. Jordan and that the Crown failed to establish exceptional circumstances to rebut the presumption.
The court granted the stay of proceedings.
