The applicant brought a motion for a stay of proceedings pursuant to sections 11(b) and 24(1) of the Canadian Charter of Rights and Freedoms, alleging that his right to be tried within a reasonable time had been infringed.
The applicant was charged with disobeying a stop sign contrary to the Highway Traffic Act under Part 1 of the Provincial Offences Act.
The charge was laid on November 12, 2014, and the anticipated trial date was May 18, 2017, representing a delay of approximately 30 months and 6 days.
Applying the framework established in R. v. Jordan, the court calculated a net delay of 21 months and 18 days, which exceeded the presumptive ceiling of 18 months for Provincial Court matters.
The Crown failed to establish exceptional circumstances to justify the delay.
The court granted the stay of proceedings as the appropriate remedy.