The applicant, Michael Buabeng, sought a stay of proceedings under section 11(b) of the Charter, alleging unreasonable delay in his criminal prosecution for assault and sexual assault charges.
The total delay was 1,401 days (46 months), exceeding the 30-month presumptive ceiling for Superior Courts.
The court deducted 105 days for defence delay, resulting in a net delay of 1,296 days.
The Crown argued for exceptional circumstances, including 181 days due to uncertainty surrounding Bill C-75 amendments to preliminary inquiries and 341 days due to the COVID-19 pandemic.
After deducting these exceptional circumstances, the remaining delay was 823 days (27.4 months), falling below the presumptive ceiling.
The onus then shifted to the defence to demonstrate that the delay was nonetheless unreasonable.
The court found that the applicant failed to meet this burden, and therefore, the application for a stay of proceedings was dismissed.