Paul Aubin

The appellant appealed his convictions for dangerous driving, possession of stolen property, and resisting arrest, arguing that his right to be tried within a reasonable time under s. 11(b) of the Charter was violated.

The total delay between the laying of charges and the retrial following a mistrial was 30 months.

The Court of Appeal found that the trial judge erred in allocating delay from a disclosure request to the defence and in placing too much weight on the absence of specific prejudice.

The Court held that the Crown failed in its duty to schedule the retrial without further delay.

The appeal was allowed, the convictions were quashed, and a stay of proceedings was entered.