The applicants, charged with human trafficking offences, brought an application for a stay of proceedings under s. 11(b) of the Charter, alleging unreasonable delay.
The total delay was approximately 32 months.
The central issue was whether a delay caused by defence counsel's unavailability following an adjournment necessitated by late Crown disclosure should be attributed to the defence.
The court held that the pre-Jordan principles in Godin no longer apply, and that periods where the court and Crown are ready but the defence is not must be deducted as defence delay.
After deducting defence delay, the net delay fell below the 30-month presumptive ceiling.
The application was dismissed.
