The defendant applied under section 11(b) of the Charter to stay charges of impaired driving and exceed 80, alleging unreasonable delay.
The court assumed the total delay was 21 months and 2 days, exceeding the presumptive ceiling.
The central issue was whether the COVID-19 pandemic constituted an exceptional circumstance.
The court found that the pandemic directly impacted the case by preventing the Crown's proactive efforts to secure earlier trial dates and by burdening the court system with a massive backlog, thereby preventing rescheduling.
The period of delay attributable to the pandemic was sufficient to bring the case below the presumptive ceiling.
