The applicant sought a stay of proceedings under s. 11(b) of the Charter, alleging unreasonable delay.
The applicant was originally charged with a Highway Traffic Act offence, acquitted at trial, but a new trial was ordered on appeal.
The applicant failed to attend the retrial and was convicted, but successfully applied to reopen the proceeding, resulting in a third trial date.
The court held that, following R. v. J.F., the constitutional clock reset to zero when the reopening was granted and a new trial ordered.
As the delay from the reopening order to the third trial was only three months, well below the 18-month presumptive ceiling, the application was dismissed.
