The applicant brought an application for a stay of proceedings, arguing his s. 11(b) Charter right to be tried within a reasonable time was infringed.
The total delay from the charge date to the anticipated end of trial was 56.5 months.
After deducting 7 months for defence-caused delay and 14 months for exceptional circumstances related to the COVID-19 pandemic, the remaining delay was 35.5 months.
As this exceeded the 30-month presumptive ceiling for superior courts and the Crown advanced no argument on complexity, the court found the delay presumptively unreasonable.
The application was granted and the charges were stayed.
