A B.C. Supreme Court judge has overturned a Surrey provincial court judge’s decision to stay a traffic violation ticket on grounds that continuing to pursue it would have infringed on the driver’s constitutional right to be tried within a reasonable time.
Simanjit Sangha was issued a violation ticket on Sept. 4, 2020 for allegedly using an electronic device while driving and she disputed it.
The provincial court judge stayed proceedings under the Motor Vehicle Act, holding that there was a a ceiling of 14 months for the case to be tried. The judge found the overall delay to be 17 months and three days.
The Crown appealed that decision.
Justice Barbara Norell, in B.C. Supreme Court in New Westminster, ordered the stay of proceedings to be set aside and remitted the case to the provincial court for a trial.