The defendant brought a Charter application under section 24(1) seeking a stay of proceedings for an alleged violation of section 11(b) rights regarding delay in trial.
The defendant was charged with speeding on August 31, 2013, and the trial was scheduled for September 19, 2014.
The court found that the defendant had acquiesced to the adjournment when her counsel agreed to the rescheduled trial date without raising concerns about the length of delay.
Alternatively, the court found that the Crown delay attributable to the case was approximately 6.8 months, which did not meet the threshold established in jurisprudence for granting a stay.
The court also found minimal prejudice to the defendant given the nature of the quasi-criminal charge and the type of evidence involved.
The application was dismissed.
