The Crown appealed a stay of proceedings granted to the respondents, Floriano Daponte and Vivian Hamilton, who were charged with drug and weapon offences.
The trial judge had found a s. 11(b) Charter right infringement based on a 30.5-month net delay, exceeding the 30-month Jordan ceiling.
The Crown argued that a 3-month delay caused by the respondents' certiorari application should have been deemed an exceptional circumstance and deducted, bringing the delay below the ceiling.
The Court of Appeal agreed, finding the trial judge erred by focusing on the Crown's position on only one count of the certiorari application.
With the deduction, the delay was 27.5 months, placing the onus on the respondents to show unreasonable delay.
The Court found the respondents failed to demonstrate that the case "markedly exceeded its reasonable time requirements," despite their diligence and some Crown disclosure issues and local resource shortages.
The appeal was allowed, and the stay set aside.
