The defendant was charged with stunt driving (speeding 65 km/h over the posted limit) and failing to produce a driver's license.
The defendant brought a Charter application under section 11(b) for a stay of proceedings based on unreasonable delay.
The court found that the Crown's failure to provide timely disclosure and the failure to secure a Mandarin interpreter for scheduled trial dates constituted Crown and institutional delay totaling approximately 11 months of the 14-month delay.
The court granted a stay of proceedings.
However, the court proceeded to hear the trial on the merits and found the defendant guilty on both counts, imposing a reduced fine of $600 plus costs and surcharge on the stunt driving charge, and suspending sentence on the license production charge.
