The accused was charged with impaired driving and related offences.
He brought an application to stay the proceedings under s. 11(b) of the Charter, arguing unreasonable delay.
The total delay was calculated at over 44 months, with a net delay of over 30 months after deducting defence delay.
The court found the net delay exceeded the presumptive ceiling established in Jordan.
The Crown failed to establish that the transitional exceptional circumstance applied, as the delay was also unreasonable under the previous Morin framework.
The application was granted and the proceedings were stayed.
