The applicant, charged with careless driving, brought a s. 11(b) Charter motion for a stay of proceedings due to unreasonable delay.
The central issue was whether the 12-month period taken to schedule an early resolution meeting constituted defence delay.
The court found this period to be institutional delay, not defence delay, as early resolution meetings are a legitimate procedural step and defendants have no control over the meeting date.
With a total delay of 18 months and 29 days, exceeding the 18-month presumptive ceiling for Provincial Offences Act matters, and the respondent failing to rebut the presumption of unreasonableness, the motion was granted, and proceedings were stayed.
