The applicant, Mathew Cohen, sought a stay of proceedings under Section 24(1) of the Charter as a remedy for unreasonable delay under Section 11(b).
The total delay was 63 months.
The court applied the R. v. Jordan framework, subtracting defence-attributable delay and exceptional circumstances, specifically the COVID-19 pandemic.
The court found that the defence's prolonged pursuit of disclosure regarding a police officer's notes was futile and attributed some delay to the defence.
The court also determined that the pandemic's impact on court operations constituted a significant and long-lasting discrete exceptional circumstance, extending beyond the defence's concession.
Ultimately, the net delay was calculated at just over 25 months, which is below the 30-month Jordan ceiling for Superior Court cases.
The application for a stay of proceedings was dismissed.
