The applicant, Rueben Russell Garcia, sought a stay of proceedings under sections 11(b) and 24(1) of the Canadian Charter of Rights and Freedoms, alleging unreasonable delay in bringing his criminal matter to trial.
The total delay from charge to anticipated trial end was 1,017 days (33 months and 16 days), exceeding the 30-month presumptive ceiling for Superior Court cases under R. v. Jordan.
The court attributed 149 days of delay to the defense prior to the preliminary hearing and an additional 3 months for failing to consent to committal earlier, reducing the net delay to 25 months, which is below the presumptive ceiling.
The court also found exceptional circumstances due to the complexity of the joint marijuana extraction operation and the joinder of charges with a co-accused.
As a transitional case under the Jordan framework, the applicant failed to demonstrate sustained efforts to expedite proceedings or that the delay markedly exceeded what was reasonably required.
The application for a stay of proceedings was dismissed.
