The Crown appealed a trial judge's decision to stay impaired driving charges against the respondent due to an alleged violation of his right to be tried within a reasonable time under s. 11(b) of the Charter.
The total delay was just over 15 months.
The Superior Court of Justice found that the trial judge erred in characterizing the delay periods, particularly by failing to properly account for neutral intake time, inherent time requirements for pre-trial conferences, and the time needed for counsel to prepare.
The court concluded the systemic delay was within acceptable guidelines and the societal interest in prosecuting drinking and driving offences outweighed the minimal prejudice to the respondent.
The appeal was allowed and a new trial ordered.
