Two young persons charged with street racing causing death, street racing causing bodily harm, dangerous driving causing death, and dangerous driving causing bodily harm brought applications under section 11(b) of the Charter of Rights and Freedoms alleging unreasonable delay in trial.
The charges arose from a fatal motor vehicle collision on April 14, 2014.
The information was sworn on May 13, 2014, with trial anticipated to conclude on October 5, 2016, representing a total delay of 28.75 months.
The court applied the framework established in R. v. Jordan, 2016 SCC 27, which created presumptive ceilings of 18 months for provincial courts.
The court found that while the delay exceeded the presumptive ceiling, it was justified by exceptional circumstances, including an unforeseen adjournment request by co-accused's counsel and the transitional nature of the case.
The court also considered the case under the pre-Jordan Morin framework and found the delay was not unreasonable in that context either.
