The applicant, L.R., brought a motion for a stay of charges under section 24(1) of the Canadian Charter of Rights and Freedoms, alleging a breach of her right to trial within a reasonable time under section 11(b).
The central issue was whether the 18-month or 30-month presumptive ceiling from R. v. Jordan applied to a case proceeding by direct indictment in Superior Court without a preliminary inquiry.
The applicant argued for the 18-month ceiling, which would make the 26-month delay presumptively unreasonable.
The court reviewed several Ontario, Manitoba, and Alberta Superior Court and appellate decisions, all of which consistently held that the 30-month ceiling applies when a case is going to trial in Superior Court, regardless of whether a preliminary inquiry was held or if a direct indictment was preferred.
The court dismissed the applicant's motion, affirming that the 30-month ceiling was applicable and that the applicant had not demonstrated unreasonable delay falling short of that ceiling, nor had she taken meaningful steps to expedite proceedings.
The court also declined to grant leave for a further s. 11(b) application, emphasizing that all alternate arguments should be brought in one application.