The accused, charged with driving with an excess blood alcohol level, brought a motion for a stay of proceedings under s. 11(b) of the Charter, alleging unreasonable delay.
The total delay from the swearing of the information to the trial date was 17 months and 12 days.
The court attributed 9 months and 8 days to institutional delay, finding the initial 5 months to be neutral delay caused by the defence exploring resolution.
Concluding that the institutional delay was within acceptable guidelines and that the accused suffered minimal specific prejudice, the court dismissed the application.
