The defendant brought a motion to stay proceedings on the grounds that his right to a trial within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms had been violated.
The charge was for failing to stop at a stop sign contrary to the Highway Traffic Act.
The overall delay from charge to trial was 20 months and 7 days.
Applying the guidelines from R. v. Morin, the court deducted an intake period of 2 months, delays attributable to the defendant's actions and requests for adjournment, and neutral institutional delay.
The remaining delay of 7 months and 15 days fell within acceptable guidelines.
The motion to stay was denied.
