The accused was found guilty of dangerous driving following a road rage incident.
He brought an application alleging a violation of his right to be tried within a reasonable time under section 11(b) of the Charter.
Although the net delay of 17.5 months fell below the 18-month presumptive ceiling for provincial courts, the court found this was one of the clearest of cases warranting a stay.
The defence made sustained efforts to expedite the proceedings, but the trial took markedly longer than it reasonably should have due to systemic issues, specifically the stacking of trial lists and a chronic lack of judicial resources in the jurisdiction.
The application was granted and the proceedings were stayed.
