The appellant, Kriss Stewart, appealed his conviction for impaired driving under s. 253(1)(a) of the Criminal Code.
The appeal was based on two grounds: an alleged violation of his right to a trial within a reasonable time under s. 11(b) of the Charter, and a misapprehension of evidence regarding indicia of impairment.
The appellate court reviewed the trial judge's decision on the s. 11(b) application, finding no error in the calculation of institutional delay or the consideration of relevant factors, and noting the defence's contribution to delays.
Regarding the second ground, the court found that the trial judge had sufficient evidence of impairment from four witnesses and adequately considered and rejected alternative explanations for the appellant's physical symptoms.
The court found no error of law in the trial judge's reasoning or conclusion.
