The accused was charged with impaired operation causing bodily harm and operation over 80 mgs causing bodily harm.
The accused brought an application for a stay of proceedings, arguing that their right to be tried within a reasonable time under s. 11(b) of the Charter was violated.
The total delay was 1846 days.
After deducting defence delay, the net delay was 695 days (22.79 months), which exceeded the 18-month presumptive ceiling for provincial court.
The court found that the remaining delay could not be justified by exceptional circumstances, including the COVID-19 pandemic, and entered a stay of proceedings.
