The defendant brought an application for a stay of proceedings for a violation of s. 11(b) of the Canadian Charter of Rights and Freedoms due to unreasonable delay.
The charge arose from an alleged breach of a municipal bylaw regarding driving a motor vehicle on a beach.
The proceedings were initiated by private information by the plaintiff.
The court found that while institutional delay of 6.7 months fell below guideline thresholds, the total delay attributable to prosecution and other factors amounted to approximately 12 months of unreasonable delay when the appellate period was excluded.
The defendant demonstrated actual prejudice from the extended proceedings.
The court granted the application and stayed the charge.
