The defendant, Holly Broeckel, brought an application for a stay of charges for failing to yield to through traffic, alleging unreasonable delay contrary to s. 11(b) of the Charter.
The total delay was 24.9 months, exceeding the 18-month presumptive ceiling established by R. v. Jordan.
The prosecution argued the delay was due to the COVID-19 public health crisis as an exceptional circumstance.
The defence contended the delay was primarily due to a lack of judicial resources.
The court found no defence delay and identified a discrete event of 4.9 months due to counsel's family tragedy.
Taking a holistic view, the court attributed 12.5 months of the delay to the ongoing impact of the COVID-19 public health crisis and an additional 6.4 months to a lack of judicial resources.
After accounting for these factors, the remaining delay was 13.9 months, which is below the presumptive ceiling.
The application for a stay was dismissed, as the delay was deemed not unreasonable given the exceptional circumstances and systemic challenges.
