The accused brought an application for a stay of proceedings under section 11(b) of the Charter, alleging unreasonable delay.
The total delay from the laying of charges to the anticipated end of the trial was approximately 24 months.
The court analyzed various periods of delay to determine the net delay under the Jordan framework.
The court found that the delay caused by the accused's inability to accept earlier trial dates due to needing time to retain an expert witness constituted defence delay.
After deducting defence delay, the net delay was calculated at 16 months, which fell below the 18-month presumptive ceiling for provincial court trials.
The court also noted that the Crown's failure to promptly initiate forensic analysis of seized devices did not justify delay above the ceiling, but since the net delay was below the ceiling, the application was dismissed.
