The applicant sought a stay of proceedings under sections 11(b) and 24(1) of the Canadian Charter of Rights and Freedoms, alleging an infringement of the right to a trial within a reasonable time.
The court applied the R. v. Jordan framework, calculating the total delay and subtracting the period attributable to the COVID-19 pandemic as a discrete exceptional circumstance.
The remaining delay fell below the 18-month presumptive ceiling for the Ontario Court of Justice.
Consequently, the court found no infringement of the applicant's Charter rights and dismissed the application for a stay.
