The applicant, charged with drug trafficking and possession of proceeds of crime, brought a motion for a stay of proceedings under section 24(1) of the Charter, alleging her section 11(b) right to be tried within a reasonable time was infringed.
The total delay from the date of the charge to the anticipated conclusion of the trial was 64 months, exceeding the 30-month presumptive ceiling established in Jordan.
Applying the transitional exceptional circumstance framework, the court found that the Crown failed to justify the delay, noting the applicant took meaningful steps to expedite the proceedings and suffered actual prejudice.
The motion was granted and the charges were stayed.
