Impaired driving trial. Askov application. Total delay from charge to sentencing was 19 months. A 3 day trial commenced within 9 months of the charges being laid. Further delays then resulted from the accused being in custody on other matters, and the request by defence for a PSR.

Held: No 11(b) breach.

“The progress of the present case is not unreasonable in light of the reasons which explain the delay in bringing it to conclusion”: Schertzer, 2009 ONCA 742. Prejudice cannot be inferred from the loss of a driver’s license: Creve, 2014 AJ No. 853.

S. Smith, Defence Counsel