The applicant brought a motion for a stay of proceedings based on an alleged breach of his Charter right under section 11(b) to be tried within a reasonable time.
The trial was scheduled to conclude on January 8, 2021, which would be 18 months and 7 days from the commencement of proceedings on July 1, 2019, exceeding the presumptive 18-month ceiling established in Jordan.
The applicant demonstrated no defence delay and made sustained efforts to expedite the proceedings.
The Crown failed to establish exceptional circumstances to justify the delay, particularly regarding the complainant's unavailability due to high school examinations, which was foreseeable given the nature of the charges.
The court found the Crown fell short of its obligations to anticipate scheduling problems and take reasonable steps to avoid them.
A stay of proceedings was granted.
