The applicant, Teshome Daste Adane, sought a stay of proceedings for unreasonable delay under ss. 11(b) and 24(1) of the Canadian Charter of Rights and Freedoms, arguing the total delay of 45 months exceeded the 30-month presumptive ceiling for Superior Court proceedings established in R. v. Jordan.
The court analyzed the timeline, attributing significant portions of the delay to both the Crown (for disclosure delays) and the defence (for not diligently pursuing a Judicial Pre-trial and not choosing the earliest trial date due to a planned trip).
After subtracting periods attributable to defence conduct and exceptional circumstances (delay in arrest due to the applicant being abroad, and the COVID-19 pandemic), the net delay fell below the 30-month ceiling.
The application for a stay of proceedings was dismissed, as the court found no basis to exercise its residual discretion.
