The applicant, David Bukoski, sought a stay of criminal proceedings for unreasonable delay under s. 11(b) of the Canadian Charter of Rights and Freedoms.
The prosecution, involving 13 charges including criminal harassment, sexual assault, arson, attempted murder, and conspiracy to commit murder, had taken 71 months, exceeding the 30-month Jordan ceiling.
The court calculated the net delay by subtracting defence-waived delay (5.5 months), defence delay due to applicant's illness (14 months), Crown/complainant circumstances (3 months), and pandemic impact (4 months), and defence's underestimation of trial time (10 months), resulting in a net delay of 34.5 months.
The court found the case to be "particularly complex" due to the nature of the evidence, including extensive internet communications, pseudonyms, international coordination, and the unique circumstances of witnesses.
The Crown was found to have taken reasonable steps to mitigate delay.
Consequently, the court dismissed the application for a stay of proceedings, finding the remaining delay justified by the case's complexity.
