Using this archived post, among other resources, I attempted to do a Charter Challenge to a speeding ticket based on the 11-month, 2 week delay between the charge and the hearing. I got as far as the provincial court when I was stopped dead in my tracks by the crown attorney, who presented me with a new ruling, "R v. Jordan", released by the Supreme Court of Canada on July 8, 2016.
The new, very clear cut rules (which superscede the "8ish months" rule from R. vs Morin) is that you shouldn't try a Section 11(b) Charter Challenge unless your court date has been delayed more than 18 months.
Summarized in Paragraph 46:Also, in Paragraph 48:"At the heart of this new framework is a presumptive ceiling beyond which delay — from the charge to the actual or anticipated end of trial — is presumed to be unreasonable, unless exceptional circumstances justify it. The presumptive ceiling is 18 months for cases tried in the provincial court, and 30 months for cases in the superior court (or cases tried in the provincial court after a preliminary inquiry)."You can read the entire ruling here if you want to read the justifications for this." If the total delay from the charge to the actual or anticipated end of trial (minus defence delay or a period of delay attributable to exceptional circumstances) falls below the presumptive ceiling, then the onus is on the defence to show that the delay is unreasonable. To do so, the defence must establish that (1) it took meaningful steps that demonstrate a sustained effort to expedite the proceedings, and (2) the case took markedly longer than it reasonably should have. We expect stays beneath the ceiling to be rare, and limited to clear cases."