The accused was charged with impaired operation of a motor vehicle and excess alcohol on September 23, 2011.
The information was sworn on October 3, 2011.
On January 9, 2013, the accused applied for a stay of proceedings pursuant to sections 11(b) and 24(1) of the Canadian Charter of Rights and Freedoms on the grounds that his right to be tried within a reasonable time had been infringed.
The application was deferred until after trial.
The accused was found guilty of the excess alcohol charge on June 7, 2013.
The section 11(b) application was heard on January 2 and 3, 2014.
The court dismissed the application, finding that the total delay of approximately 21 months from charge to trial, with approximately 7 months of systemic delay, fell within constitutionally acceptable levels.
The court found that the prejudice suffered by the accused was modest and that the societal interest in a trial on the merits outweighed the accused's interest in a trial without unreasonable delay.
