The applicant, Daniel Veldman, brought a motion for a stay of charges under s. 11(b) of the Charter, alleging unreasonable delay in bringing his case to trial.
The court applied the framework established in R. v. Jordan, calculating the total delay from charge to anticipated trial completion as 43 months, 18 days.
After subtracting defence delay and exceptional circumstances, the remaining delay was found to be 29 months, 24.5 days, which is below the 30-month presumptive ceiling for Superior Court cases.
The applicant failed to demonstrate that the case took markedly longer than it reasonably should have or that he took meaningful steps to expedite proceedings.
Furthermore, considering the seriousness of the charges (including sexual assault, extortion, and uttering threats) and the public interest, and applying a contextual analysis for this transitional case (charges laid pre-Jordan), the court dismissed the application for a stay of proceedings.