The accused was charged with assault arising in a domestic context.
The accused brought a motion alleging a breach of his section 11(b) Charter rights regarding trial delay.
The Crown and defence disagreed on when the section 11(b) clock begins to run.
The defence argued it starts when the information is sworn; the Crown argued it starts when process is executed or brought to the attention of the accused.
The court found that the information was sworn on August 27, 2014, but the warrant was not executed until October 16, 2016—approximately two years and two months later.
The court held that the section 11(b) clock starts when the information is sworn and process is issued, and that the delay far exceeded the 18-month threshold established in R. v. Jordan.
Finding no exceptional circumstances justifying the delay, the court granted a stay of charges.
