The Ontario Court of Justice found a violation of s. 11(b) of the Canadian Charter of Rights and Freedoms due to an unreasonable delay of approximately 21 months and 13 days between the filing of the certificate of offence and the first trial date in a red light camera offence case.
The court rejected the respondent's procedural objection regarding the absence of transcripts, finding that the delay was not attributable to the defence and that the early resolution meeting delay was outside the defendant's control.
The court granted a stay of proceedings pursuant to s. 24(1) of the Charter.
