The applicant was charged with three drug offences, including trafficking cocaine, by Information sworn on July 9, 2015.
The trial was scheduled for May 17, 2017, resulting in a total delay of 678 days (22.5 months).
The applicant brought a section 11(b) Charter application alleging a breach of his right to be tried within a reasonable time.
The court found that the net delay of 21 months exceeded the presumptive ceiling of 18 months for provincial court cases.
The Crown could not rebut the presumption of unreasonableness by demonstrating case complexity.
Additionally, the police failed to diligently execute the arrest warrant, remaining inactive for nine months despite the applicant being in custody with other police services.
The court found the delay unreasonable both under the new Jordan framework and under pre-Jordan law when applied contextually.
All charges were judicially stayed.