Robert Levan

The accused was charged with impaired driving and driving over 80 milligrams percent.

He brought an application for a judicial stay of proceedings under s. 11(b) of the Canadian Charter of Rights and Freedoms, alleging a violation of his right to trial within a reasonable time.

The case was approximately 15 months old at the scheduled trial date.

The court found that the combined institutional and Crown-attributable delay exceeded 12 months, which was well in excess of what is constitutionally tolerable.

Although the allegations were serious and created heightened public interest, the excessive delay, combined with significant prejudice to the accused's security of the person, warranted a stay of proceedings.