The applicant, Brandon Caleb, sought a stay of proceedings on the basis that the delay in bringing his case to trial violated his right under section 11(b) of the Canadian Charter of Rights and Freedoms.
The court reviewed the procedural history, including the complexity of the Project Venom prosecution, the joining and severing of accused, and the Crown’s management of the case.
Applying the framework from R. v. Jordan, the court found that although the presumptive ceiling for delay was exceeded, the case was sufficiently complex and the Crown had a concrete plan to minimize delay.
Exceptional circumstances justified the delay, and the application was dismissed.
