The following information on court decisions shows what would be an unreasonable delay for the trial of a traffic ticket dispute:
Federal Decisions on Trial Delay
The case of R v Jordan (2016) set a reasonable time limit of 18 months for cases tried in provincial courts, including traffic court. After 18 months Crown must prove that the delay was not unreasonable.
To fight a delay that extends beyond this limit, you can file a Section 11(b) application alleging an infringement of your constitutional right to a trial within a reasonable time. This may result in the charges being stayed (dismissed).
Delays caused by you or your lawyer, or exceptional circumstances, are subtracted from this 18-month period.
Provincial Decisions on Trial Delay
A search of provincial court decisions shows that it is possible to have a case dismissed for a delay of less than 18 months but this is the exception rather than the rule.
How to Handle a Delay
File an application: If your case has been delayed beyond 18 months, you must formally apply to have the charges stayed. This is done through a Section 11(b) Charter application, often using a Notice of Application form.
Show prejudice: Your application should argue that the delay has prejudiced you. Prejudice can be a lack of liberty/security (less common for traffic tickets) or harm to your ability to make a full answer and defence, such as through stress, anxiety, or the unavailability of witnesses.
Get legal advice: An experienced lawyer can help draft the necessary application, prepare your affidavit, and argue the case on your behalf.
What to do before your hearing
Be prepared: Avoid delays by being on time for your court date, allowing extra travel time, and being prepared to proceed. Being late can cause delays and inconvenience to others.
Apply for adjournment early: If you need to request a postponement, apply well in advance. Last-minute requests may be denied because they inconvenience the court and other parties involved.