The defendant, Michael Dejong, faced a charge under the Highway Traffic Act for a red light camera offence.
He brought a constitutional application alleging a violation of his section 11(b) Charter right to be tried within a reasonable time.
The court found a net delay of 22 months and 23 days, exceeding the 18-month presumptive ceiling set by R. v. Jordan for Part I Provincial Offences.
The prosecution failed to rebut the presumption of unreasonableness or establish exceptional circumstances.
The court also rejected the prosecution's arguments that Charter rights do not apply to owner liability offences or that red light camera charges do not carry true penal consequences.
Consequently, the application was granted, and a stay of proceedings was entered.
