J. Methurin

The applicant brought a Charter application under section 11(b) seeking to have domestic violence charges stayed due to delay in trial.

The applicant was charged in October 2013 with two counts of common assault, one count of threatening, and one count of assault with a weapon.

The trial was originally scheduled for February 2015 but was adjourned when the Crown served a late notice of application regarding prior discreditable conduct.

The trial was subsequently rescheduled for May and June 2015.

The court found that while there was some delay, the applicant had been content with the pace of proceedings for a substantial period, there was significant neutral time, and any prejudice was minimal.

The application was dismissed.

The accused was charged with driving with excess blood alcohol contrary to section 253(1)(b) of the Criminal Code.

The trial addressed four issues: whether the officer had reasonable suspicion to make a screening demand; whether the officer could reasonably rely on the screening test result given the mouth alcohol effect; whether the accused's section 10(b) Charter right to counsel was violated; and whether the breath tests were taken as soon as practicable.

The court found no Charter violations and that the breath tests were taken as soon as practicable.

The accused was found guilty beyond a reasonable doubt.