The applicant, facing 51 fraud-related charges from three different police agencies, brought an application for a stay of proceedings under s. 11(b) of the Charter due to unreasonable delay.
The total delay from the first charge to the anticipated end of trial was over 43 months.
After deducting defence delay and exceptional circumstances related to the COVID-19 pandemic, the net delay was 34 months, which exceeded the 30-month presumptive ceiling for Superior Court matters.
The court rejected the Crown's argument that the case was 'particularly complex' and found that the delay was presumptively unreasonable.
The application was granted and a stay of proceedings was imposed.
