The applicant sought a stay of proceedings under section 24(1) of the Canadian Charter of Rights and Freedoms on the basis that his right to be tried without unreasonable delay under section 11(b) had been infringed.
The raw delay from charge to trial date was 18 months and 22 days, exceeding the 18-month presumptive ceiling established in R. v. Jordan for Ontario Court of Justice cases.
The court found that the Crown failed to justify the delay under either the Jordan or Morin frameworks.
Critical issues included the Crown's handling of search warrants, delayed disclosure of surveillance footage, and the unjustified delay in obtaining a second warrant to search the applicant's laptop.
The court granted the stay and vacated the trial dates.
