The Ontario Court of Justice found that the accused, Martin Tinglin, experienced an unreasonable delay in his trial process, infringing his s. 11(b) Charter right to be tried within a reasonable time.
Despite the total delay being above the Jordan presumptive ceiling of 18 months, the court calculated a net delay below the ceiling after subtracting defence delay.
However, the court emphasized the Crown's failure to actively manage disclosure and case progression, which contributed significantly to the delay.
The court granted a judicial stay of proceedings under s. 24(1) Charter as a remedy for the violation, highlighting systemic issues in case management and Crown disclosure practices.
