The applicant, charged with aggravated assault and weapons offences, brought an application for a stay of proceedings under s. 11(b) of the Charter due to a total delay of nearly 24 months.
The Crown argued that a six-month deduction should be applied due to the Covid-19 pandemic.
The court found that the primary cause of the delay was the Crown's failure to provide essential disclosure, specifically CCTV footage, for over a year.
The court held that the Crown failed to establish a causal link between the pandemic and the delayed disclosure.
As the delay exceeded the 18-month Jordan ceiling without justification, the application was granted and a stay of proceedings was ordered.
