The applicant, Steven Jackson, sought a stay of proceedings on multiple criminal charges, including assault and criminal harassment, alleging a violation of his right to be tried within a reasonable time under section 11(b) of the Charter.
The total delay in bringing the matter to trial was over 33 months, which exceeded the 30-month presumptive ceiling established in R. v. Jordan.
The Crown argued that the delay was justified by exceptional circumstances arising from a new voyeurism charge and subsequent arrest of the applicant.
The court rejected this argument, finding that the police had inappropriately and foreseeably disrupted the proceedings by arresting the applicant right outside the courtroom.
Accordingly, the court granted the application and stayed all charges.
