The applicant brought a motion to stay proceedings for speeding under Section 11(b) of the Canadian Charter of Rights and Freedoms, alleging unreasonable delay.
The charge arose from an incident on August 23, 2013, with the first trial date scheduled for May 22, 2014.
The applicant's agent made repeated requests for disclosure, including typed notes, video evidence, and technical manuals regarding the laser speed detection device.
The Crown provided some disclosure but resisted providing all requested items, arguing they were not material or relevant to a simple speeding charge.
The court found that while approximately eight months of institutional delay from the offence date to the first trial date was unreasonable, the subsequent delays were largely attributable to the applicant's late disclosure requests and failure to follow proper scheduling protocols.
The court denied the motion.
