The applicant brought an application for a stay of proceedings under section 11(b) of the Charter, citing a total delay of 20.82 months.
The Crown argued that the COVID-19 pandemic, delayed disclosure, and personnel changes constituted exceptional circumstances justifying the delay.
The court rejected these arguments, finding no causal link between the pandemic and the delay, and noting that the Crown and police failed to provide timely disclosure.
The application was granted, and the charges were stayed.