The applicant sought a stay of proceedings under s.11(b) of the Canadian Charter of Rights and Freedoms alleging unreasonable delay in the period following the initial trial date.
The court examined the approximately eighteen‑month period between the Charter exclusion ruling and the eventual sentencing and forfeiture proceedings.
Applying the factors from Supreme Court jurisprudence on delay, the court found the delay largely attributable to inherent case requirements, judicial deliberation time, scheduling conflicts, and the availability of counsel and court resources.
The applicant had not previously raised concerns about delay and demonstrated minimal prejudice from bail conditions or scheduling impacts.
The court concluded that the delay did not violate the applicant’s right to be tried within a reasonable time.
