The defendant, Waqas Qureshi, brought an application under section 11(b) of the Charter to stay gun charges due to unreasonable delay.
The court had previously dismissed this application.
Following the Supreme Court of Canada's decision in R. v. Hanan, 2023 SCC 12, the court revisited its earlier ruling regarding the attribution of delay caused by defence unavailability for trial dates.
The court affirmed its original dismissal, concluding that Hanan did not alter its finding that the defence's unavailability was the sole and direct cause of the delay in this specific period.
