The accused, charged with operating a motor vehicle with a blood alcohol concentration over 80, brought an application for a stay of proceedings under s. 11(b) of the Charter, alleging unreasonable delay.
The total delay from the swearing of the information was approximately 13 months.
The court analyzed the periods of delay, attributing much of it to the defence's failure to accurately estimate trial time after raising new constitutional issues.
The court found the institutional delay to be 7 to 8 months, which was within the administrative guidelines, and found no prejudice to the accused.
The application was dismissed.
