The applicant brought a motion under s. 24(1) of the Canadian Charter of Rights and Freedoms alleging that her right to trial within a reasonable time under s. 11(b) had been infringed in a charge of operating a motor vehicle with a blood alcohol level over the legal limit.
The court examined the length of delay, waiver, reasons for delay, prejudice, and societal interests.
The court found that the operative institutional delay of approximately 8 months and 21 days fell within the Morin guidelines, that actual prejudice to the applicant was minor, and that the applicant failed to discharge the onus of proving a violation.
The motion was dismissed.
