J. Kaloty

The defendant brought a Charter motion under s. 11(b) for a stay of proceedings due to unreasonable delay in a provincial offence matter.

The court found a total delay of 23.75 months from the offence date to the first trial date, exceeding the 18-month presumptive ceiling set by R. v. Jordan.

While acknowledging the impact of the COVID-19 pandemic, the court also identified significant systemic delay caused by a shortage of judicial resources, particularly since August 2022.

The court concluded that the delay was unacceptable and breached the defendant's Charter right to a trial within a reasonable time, granting a stay of proceedings.

The defendant was charged with prohibited use of the left lane on King's Highway (Highway 401) while operating a commercial dump truck exceeding 6.5 meters in length, contrary to section 1(1) of Ontario Regulation 608.

The central legal issues were whether the prosecution must prove the defendant's knowledge of the prohibition, whether traffic signs are legally required on provincial highways, and whether the defendant established a due diligence defence.

The court found that the offence is one of strict liability, that no traffic sign is legally required on provincial highways, and that the defendant failed to establish due diligence.

The defendant was convicted.