The accused, A.A., brought an application for a stay of criminal charges under s. 11(b) of the Charter, alleging a violation of the right to trial within a reasonable time, citing the R. v. Jordan framework.
The total delay from arrest to anticipated trial end was 28.8 months, exceeding the 18-month presumptive ceiling for provincial courts.
The court analyzed periods of delay attributable to the defence's inefficiency and indifference (12.5 months) and recognized the COVID-19 pandemic as an exceptional circumstance not attributable to the Crown.
Deducting defence delay, the net delay was 16.3 months, which, even with a margin of error, was deemed permissible considering the pandemic's impact.
The application for a stay was dismissed.
