The accused brought an application for a stay of proceedings under s. 24(1) of the Charter, alleging a breach of his right to be tried within a reasonable time under s. 11(b).
The total delay from the charge to the anticipated end of trial was 36 months and 11 days, exceeding the 30-month presumptive ceiling.
However, the court found significant defence delay attributable to the accused's failure to retain counsel and provide necessary financial documentation to Legal Aid.
After deducting the defence delay, the net delay fell below the presumptive ceiling.
The application was dismissed.
