The accused brought an application to stay the proceedings, alleging a violation of his section 11(b) Charter right to be tried within a reasonable time.
The court analyzed the delay, including a 'gap period' where the Crown had temporarily stayed the charges under section 579 of the Criminal Code to protect a larger ongoing investigation.
The court found that the Jordan clock did not run during this gap period, as the stay was not an illegitimate end-run around the presumptive ceiling.
After deducting 90 days for the exceptional discrete event of the COVID-19 pandemic, the net delay was calculated at 13 months and 7 days, well below the 18-month presumptive ceiling.
The application was dismissed.
