The applicant brought a section 11(b) Charter motion alleging a violation of his right to trial within a reasonable time.
The total delay from the laying of the information to the completion of trial was 21½ months, exceeding the 18-month ceiling established in R. v. Jordan.
The Crown sought to justify the delay by pointing to exceptional circumstances and defence delay.
The court found that while both parties bore some responsibility for the delay caused by a video copying error, this constituted an exceptional circumstance.
Additionally, the court found that the underestimation of trial time by counsel, made in good faith, also fell within exceptional circumstances.
After deducting approximately six months for these exceptional circumstances, the court concluded the delay was approximately 15 months and therefore did not violate section 11(b) of the Charter.
