The defendant brought an application under section 11(b) of the Charter alleging unreasonable delay.
The total delay was 26 months and 13 days.
The court deducted periods of defence delay, including time for a missed pre-trial, a refused trial date, and a portion of the delay attributed to the defendant's failure to proactively raise section 11(b) concerns for over 14 months after the trial date was set.
The net delay was calculated at 17 months and 28 days, which fell below the 18-month presumptive ceiling for provincial court trials.
The application was dismissed.
