Mark Kamel

The applicant sought a stay of proceedings under section 11(b) of the Charter of Rights and Freedoms, alleging a violation of his right to be tried within a reasonable time.

The total delay was calculated at 20 months and 1 day.

After subtracting 45 days of defence delay, the net delay was 18.55 months, exceeding the 18-month presumptive ceiling for provincial court cases established by R. v. Jordan.

The court found the Crown failed to provide essential first-party disclosure in a timely manner, which impeded the defence's ability to prepare for judicial pre-trials and set trial dates.

The Crown did not establish exceptional circumstances to justify the delay.

Consequently, the application was granted, and the charges were stayed.

The applicant, P.S., sought a review of a detention order.

The Crown conceded that the COVID-19 pandemic constituted a material change in circumstances, allowing for a de novo bail review.

The applicant proposed a new release plan with three sureties, strict house arrest, and electronic monitoring.

The court distinguished the case from R. v. Hastings, noting the applicant's lack of criminal record, time spent in custody, and the general increased risk of COVID-19 in detention facilities.

The court found the proposed plan, including significant surety pledges and electronic monitoring, sufficient to address secondary ground concerns.

The applicant was released on strict conditions.