The defendant was charged with care or control of a motor vehicle after consuming alcohol in excess of the legal limit contrary to section 253(1)(b) of the Criminal Code.
The defendant brought a motion for a stay of proceedings based on an alleged violation of his Charter right to be tried within a reasonable time under section 11(b).
The court found that approximately 13 months elapsed from the swearing of the information to the trial date, with 11 months constituting institutional delay exceeding the local guideline of 8-9 months.
The defendant demonstrated actual prejudice through educational disruption caused by additional legal fees necessitated by the delay.
The court granted the stay of proceedings.
