The Crown appealed a stay of proceedings entered under s. 24(1) of the Charter for a violation of the accused's s. 11(b) right to be tried within a reasonable time.
The application judge had found the net delay exceeded the 30-month presumptive ceiling.
On appeal, the Court of Appeal held that the application judge erred in her treatment of a discrete exceptional circumstance arising from the release of a Supreme Court of Canada decision that necessitated a rehearing of a change of venue motion.
The Court found the Crown had taken reasonable steps to mitigate the resulting delay and deducted an additional 93 days.
This brought the net delay below the presumptive ceiling.
The appeal was allowed and the stay of proceedings was set aside.
