The defendant, charged with speeding under the Highway Traffic Act, brought a motion for a stay of proceedings alleging a violation of his right to be tried within a reasonable time under s. 11(b) of the Charter.
The court calculated the total delay and deducted neutral time, including the period of court closures due to the COVID-19 pandemic, bringing the net delay below the 18-month presumptive ceiling.
The court found that the defence failed to take meaningful steps to expedite the proceedings or put the Crown on timely notice regarding disclosure issues.
The application was dismissed and the matter proceeded to trial.
