The defendant, Zeeshan Naseer, brought an application to stay proceedings under section 11(b) of the Charter due to unreasonable delay.
The trial dates were set almost 30 months after the charge, exceeding the presumptive ceiling established by R. v. Jordan.
The Crown argued for significant defence delay and exceptional circumstances, including the defence's failure to raise delay concerns and the impact of the COVID-19 pandemic.
The court found that the Crown's arguments did not meet the Jordan test for exceptional circumstances, as the delay was foreseeable and avoidable by the Crown.
The application was granted, and the proceedings were stayed.
