The accused, Jun-Feng Zhang, brought a second application for a stay of proceedings, alleging a breach of his s.11(b) Charter right to a trial within a reasonable time.
The court applied the Jordan framework, specifically analyzing a 164-day delay that arose during the trial when the complainant required independent legal advice regarding privacy rights in redacted text messages.
The court found this delay to be a discrete exceptional circumstance, as it was unforeseen and the Crown made reasonable efforts to remedy it.
Consequently, the total net delay remained below the 18-month presumptive ceiling for the Ontario Court of Justice, and the application was dismissed.
