The applicant brought a motion for a stay of proceedings under section 24(1) of the Charter of Rights and Freedoms, alleging that his right to be tried within a reasonable time pursuant to section 11(b) of the Charter had been infringed.
The applicant was charged with driving a hand-held communication device contrary to the Highway Traffic Act.
The court applied the framework established in R. v. Jordan and calculated the net delay at 16 months and 19 days, which fell below the 18-month presumptive ceiling for Provincial Court matters.
The court found that the applicant failed to demonstrate that the delay was unreasonable and that he had not taken meaningful steps to expedite proceedings.
The motion was dismissed and the applicant was ordered to proceed to trial.
