SECTION 11 - CHARTER RIGHT THAT A TRIAL BE HELD WITHIN A REASONABLE TIME - 34 MONTHS NOT UNREASONABLE
Sunday, November 10, 2013 at 10:11AM February 9, 2010 - Mr. Smith was involved in a motor vehicle accident that resulted in injuries to the other driver.
December 14, 2012 - Mr. Smith was convicted of impaired driving causing bodily harm and dangerous driving causing bodily harm.
He applied to the trial judge for a stay because his trial had not been held within a reasonable time as mandated by section 11(b) of the Charter. That application was denied. The Alberta Court of Appeal dismissed his appeal as they found no error with the trial judge's findings: The trial judge found that no actual prejudice was occasioned by the delay. It did not impact the evidence of the various witnesses. While she concluded that the delay was regrettable, she did not find it to be unreasonable, and so there was no breach of s. 11(b). R. v. Smith, 2013 ABCA 312