The defendant was charged with failing to stop for a red light contrary to section 144(18) of the Highway Traffic Act.
The defendant brought a Charter application under section 11(b) seeking a stay of proceedings on grounds of unreasonable delay.
The trial was delayed over approximately 29 months due to multiple adjournments, many caused by the defence's lack of diligence in obtaining disclosure, ordering transcripts, and subpoenaing witnesses.
The court found that while the overall delay exceeded the administrative guideline of 8-10 months, much of the delay was attributable to the defence's actions, which negated any inference of prejudice.
The court dismissed the stay application and found the defendant guilty of the red light offence based on credible testimony from two independent witnesses who observed the defendant enter the intersection on a red light.
