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Late core disclosure justified a Jordan stay.
The applicant sought a stay of proceedings under s. 11(b) of the Charter in a relatively straightforward intimate partner violence prosecution where the principal disclosure issue concerned late production and translation of the complainant’s police statements.
The court held that the complainant’s station statement was core disclosure and should have been produced before the defence was required to set a trial date.
The court rejected the Crown’s position that the change of counsel materially caused the delay, finding only 15 days of defence delay and no exceptional circumstances.
With net delay of 591 days exceeding the Jordan ceiling, the court granted a stay.
In the alternative, the court held that even below the ceiling the applicant had shown sustained efforts to expedite the matter and that the case took markedly longer than it reasonably should have.
