The applicants, two of three co-accused in a large project prosecution involving a criminal organization, brought applications for a stay of proceedings alleging unreasonable delay under s. 11(b) of the Charter.
The trial was delayed by six weeks to accommodate the schedule of counsel for the third co-accused.
The court found that the net delay for one applicant fell below the 30-month Jordan ceiling.
For the other applicant, the court found that the delay exceeded the ceiling but was justified by exceptional circumstances, specifically case complexity and the strong public interest in holding a joint trial.
Both applications were dismissed.