The applicant, Daveion Brown, sought a stay of proceedings under section 11(b) of the Charter due to unreasonable delay, arguing the total delay of 797 days (26 months and 6 days) exceeded the Jordan ceiling.
The Crown contended that defence delay and exceptional circumstances (discrete events, case complexity) justified the delay.
The court found 92 days of defence delay, resulting in a net delay of 705 days (23.2 months), which still exceeded the 18-month presumptive ceiling.
While acknowledging the case's complexity, the court rejected the Crown's arguments for discrete events and found the Crown's prosecution plan, despite a significant conflict-of-interest issue, was not unreasonable in minimizing delay for this complex case.
The application for a stay of proceedings was dismissed.
