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The 18-month Jordan presumptive ceiling for trial delay applies to Part I Provincial Offences Act proceedings.
The appellants were convicted of traffic offences under the Highway Traffic Act after their applications for a stay of proceedings due to unreasonable delay under s. 11(b) of the Charter were dismissed.
The net delay in each case was under 14 months.
The summary conviction appeals judge upheld the dismissals, finding that the 18-month presumptive ceiling from R. v. Jordan applied to Part I Provincial Offences Act proceedings, and that the appellants failed to show they took steps to expedite their cases or that the delay was markedly longer than reasonable.
The Court of Appeal dismissed the appeals, confirming that the 18-month Jordan ceiling applies uniformly to all provincial court proceedings, including regulatory offences, and found no error in the lower court's refusal to grant a stay.
Accused found guilty of impaired driving and refusing breath demand after feigning attempts to blow.
The accused was charged with impaired driving and failing to comply with a breath demand after her vehicle collided with a street sweeper.
At the police station, the accused repeatedly failed to provide a suitable breath sample despite numerous attempts and clear instructions.
The court found the accused's failure to provide a sample was deliberate and feigned, satisfying the mens rea for the refusal charge.
The court also drew an adverse inference from the refusal and, combined with circumstantial evidence including the unexplained collision, slurred speech, and odour of alcohol, found the accused guilty of impaired driving.
