The accused, charged with attempted murder and other offences, brought an application for a stay of proceedings under s. 11(b) of the Charter, arguing unreasonable delay.
The total delay was 42 months and six days, exceeding the 30-month presumptive ceiling.
The court analyzed the impact of the COVID-19 pandemic on the scheduling of the bifurcated trial.
The court found that the entire period from the originally scheduled trial date to the anticipated end of the rescheduled trial was attributable to the exceptional circumstance of the pandemic.
After deducting this period, the net delay was 23 months, which fell within the presumptive ceiling.
The application for a stay was dismissed.
