An appeal from convictions under the Occupational Health and Safety Act arising from a workplace injury.
The appellant challenged the convictions on the basis that the trial judge erred in dismissing a Charter application alleging violation of the right to be tried within a reasonable time under s. 11(b) of the Canadian Charter of Rights and Freedoms.
The appellate court found that the trial judge miscalculated the total delay and incorrectly characterized a significant adjournment period as defence delay.
When properly calculated, the net delay exceeded the 18-month presumptive ceiling established in R. v. Jordan, and the Crown failed to justify the delay through exceptional circumstances or case complexity.
The convictions were quashed and a stay of proceedings was entered.
