The accused applied to stay proceedings pursuant to s. 24(1) of the Charter to remedy an alleged breach of his s. 11(b) rights (right to trial within a reasonable time).
The information was sworn on July 22, 2015, and the trial date was September 1, 2016, representing 408 days of delay.
After accounting for defence-requested adjournments, the net delay was 380 days, falling below the presumptive ceiling for Ontario Court of Justice.
The court found that while the case took longer than it should have, it did not take markedly longer such that a stay was appropriate.
The application was dismissed.
