Application for a stay of proceedings under s. 24(1) of the Charter on the basis that the applicant's right to be tried within a reasonable time under s. 11(b) was violated.
The total delay from the swearing of the Information to the anticipated end of trial was 792 days.
After subtracting an explicit waiver period, 582 days remained for consideration, exceeding the 18-month Jordan ceiling of 547 days by 34 days.
The court deducted 33 days as defence delay for failing to schedule a Crown Pre-Trial after having acknowledged sufficient disclosure, and 60 days for unexplained delay in scheduling a trial scheduling conference after the Judicial Pre-Trial.
These deductions brought the net delay to 489 days, below the Jordan ceiling.
The court declined to deduct time for late notice of the stay application as the delay caused no prejudice.
Below the ceiling, the applicant failed to demonstrate a sustained effort to expedite proceedings and failed to show the case took markedly longer than it reasonably should have.
