The applicant sought a stay of proceedings as a remedy for an alleged breach of his Section 11(b) Charter right to trial within a reasonable time.
The court found that over twelve months had elapsed since arrest, with the matter scheduled for a third trial date.
The court attributed approximately eleven months and twenty-two days of delay to institutional causes, including the court's failure to prioritize the matter on the second trial date.
The court also found that the applicant had suffered prejudice by being unable to afford expert toxicology evidence due to financial hardship caused by the delays.
The court granted a stay of proceedings under Section 24(1) of the Charter.
