The applicant, charged with attempted murder and firearms offences, brought an application under s. 11(b) of the Charter for a stay of proceedings due to unreasonable delay.
The total delay was 39 months and 23 days, well above the 30-month Jordan ceiling.
The Crown argued that a significant portion of the delay should be attributed to the defence due to a late re-election and failure to promptly request an Information to Obtain (ITO).
The court found that the defence's actions were legitimate responses to the Crown's ongoing failure to make timely disclosure, particularly regarding a phone extraction and the related ITO.
The court concluded that the delay was unreasonable and stayed the proceedings.
