The applicant sought a stay of proceedings on a pending fraud charge, alleging unreasonable delay contrary to s. 11(b) of the Charter.
Applying the pre-Jordan Morin framework, the court assessed neutral intake time, Crown disclosure delay, defence delay, institutional delay in both the Ontario Court of Justice and Superior Court, and prejudice.
Although the court found a period of Crown responsibility arising from delayed disclosure and recognized meaningful institutional delay, the combined delay fell within the lower end of the applicable guideline range and the evidence of actual prejudice was weak.
The stay application under s. 24(1) was dismissed.
