The accused was charged with operating a motor vehicle while impaired and while his blood alcohol concentration exceeded the legal limit, with offences dating to September 1, 2017.
The accused brought a section 11(b) Charter application to stay the charges for violation of the right to trial within a reasonable time.
The trial was scheduled for November 23-24, 2020.
The court found that the net delay of 567 days (18 months and 17 days) exceeded the presumptive 18-month ceiling established in R. v. Jordan.
The court rejected the Crown's "but-for" analysis in favor of a "common sense" approach to scheduling delays and found no exceptional circumstances to justify the delay.
The charges were stayed.
