Accused charged with impaired driving. 11(b) issue. Approximate one year delay from time of charge to trial. Four months of delay caused by police errors in the issuance of the Promise to Appear, and a further delay caused by witness unavailability over the summer months.
Held: 11(b) breach, stay entered.
As per Godin [2009] 2 SCR 3, the loss of a license due to an administrative suspension is not per se a form of prejudice that can be inferred. However, the accused lost his employment in the energy sector due to the license suspension. “There is actual harm sustained by the Accused in his ability to earn an income … The Accused has shown actual prejudice.”
T. Dahlem, Defence Counsel