The applicants, L.H. and D.P., charged with manslaughter, criminal negligence causing death, and failing to provide necessaries of life, brought an application for a stay of proceedings due to unreasonable delay under section 11(b) of the Charter.
The court analyzed the total elapsed time against the Jordan ceiling, considering periods of delay attributable to the COVID-19 pandemic and defence actions as exceptional circumstances.
The court found that after deducting these periods, the delay fell below the presumptive ceiling.
Furthermore, the court determined that the defence had not taken meaningful steps to expedite proceedings and that the case had not taken markedly longer than it reasonably should have, dismissing both applications for a stay.
