The accused, Jordette Wilson, brought an application under section 11(b) of the Charter, alleging a violation of her right to be tried within a reasonable time.
The total delay from charge to trial date was nearly three years, exceeding the 18-month presumptive ceiling for the Ontario Court of Justice.
The court analyzed various periods of delay, attributing some to the COVID-19 pandemic and some to defence actions (failure to retain counsel, counsel availability).
A significant portion of the delay was found to be caused by the Crown's late disclosure of material evidence and misinformation regarding the identity of the arresting officer, which led to a breakdown in the solicitor-client relationship and the need for new counsel.
The court found that the Crown failed to establish a basis to find the excess delay reasonable, concluding that the accused's s.11(b) Charter rights were violated, and granted a stay of proceedings.