The defendant, Zhuxi Xi Shen, brought a second application for a stay of proceedings due to unreasonable delay under sections 11(b) and 24(1) of the Canadian Charter of Rights and Freedoms.
The application was summarily dismissed by Justice Spies.
The court refused to grant leave to hear the application due to the applicant's repeated failure to comply with filing deadlines under the Criminal Proceedings Rules and the Provincial Practice Direction, noting a flagrant disregard for prior rulings and procedural rules.
Furthermore, the court found that even if leave were granted, the application had no reasonable prospect of success, as the total delay, after accounting for periods previously addressed by another judge and exceptional circumstances (hung jury, pandemic backlog, complainant's unavailability), fell well within the presumptive Jordan timeline.
The court also found no basis to exercise residual discretion to grant a stay.
