The accused brought a section 11(b) Charter application seeking a stay of proceedings based on delay.
The charge involved driving a motor vehicle with excess blood alcohol.
The application was heard following the Supreme Court of Canada's landmark decision in R. v. Jordan, which established presumptive ceilings for trial delay.
The court found that while the net delay of 17 months and 21 days fell below the 18-month ceiling for provincial courts, the delay was unreasonable in the circumstances.
The defence demonstrated meaningful and sustained efforts to expedite the proceedings, the case was straightforward to somewhat more than straightforward, and the Crown failed to take reasonable steps to address delay.
The court granted the stay of proceedings.