This decision addresses an application for a stay of proceedings due to unreasonable delay under sections 11(b) and 24 of the Canadian Charter of Rights and Freedoms.
The applicant, Giuseppe Agrippa, argued that the total delay of 22 months and 16 days exceeded the 18-month presumptive ceiling established in R. v. Jordan.
The court analyzed whether appellate delay applies under s.11(b), the calculation of net delay including neutral and defence delay, and the attribution of adjournments.
The court found that the period during which the applicant was convicted and awaiting reopening could not be counted as delay, and that some adjournments were attributable to defence delay.
After deductions, the net delay was below the Jordan ceiling, and the application for a stay was dismissed.
