The defendant was charged with care and control of a motor vehicle while impaired and with blood alcohol concentration above the legal limit.
He brought a Charter s. 11(b) application alleging unreasonable delay between his arrest on February 2, 2012, and his scheduled trial date of April 15, 2013—a period of approximately 14.5 months.
The court found that the delay violated the defendant's constitutional right to be tried within a reasonable time and granted a stay of proceedings pursuant to s. 24(1) of the Charter.