CASE LAW - R v Drummond
The case of R v Drummond examines a Charter of Rights argument that a delay of 17 months from the offence date to the trial date for a traffic violation ticket is unreasonable. Grant Drummond was served with a traffic ticket for excessive speed, tinted windows and failing to wear a seatbelt on August 1, 2007. He filed a dispute of all counts within the 30 day time period.
On October 20, 2008 he received notice of his trial date that was set for December 31, 2008 in Richmond.
Mr. Drummond appeared before a judicial justice and attempted to argue that the delay before his trial was unreasonable and the justice should enter a stay of proceedings. The judicial justice did not have the authority to hear a Charter challenge and set the matter over to January 21, 2009 to set a new trial date.
After consulting legal counsel and three more court appearances, Judge Schmidt decided that the delay caused actual prejudice to Mr. Drummond and that it was both unreasonable and systemic. He entered a stay of proceedings on all counts in the traffic ticket.