The applicants, Nicola Nero, Dean Wiwchar, and Martino Caputo, sought a stay of proceedings under sections 11(b) and 24(2) of the Canadian Charter of Rights and Freedoms, alleging a breach of their right to a trial within a reasonable time.
This application followed their convictions for conspiracy to commit murder and first-degree murder.
The court analyzed the total delay, defence delay (considering it collectively for co-accused), and whether the delay was justified by exceptional circumstances (discrete events such as preliminary inquiry issues, counsel unavailability, interlocutory appeals, and extensive disclosure from multiple police forces) or case complexity.
The court found that after deducting periods attributable to defence delay, the net delay for each applicant was below the presumptive ceiling established in R. v. Jordan.
Furthermore, the court determined that the case's inherent complexity, the involvement of multiple defendants and prosecutions, voluminous disclosure from various police agencies, and an international aspect constituted exceptional circumstances justifying any delay beyond the ceiling.
The court also considered the case as transitional, noting the parties' reasonable reliance on the law as it existed prior to Jordan.
Consequently, the applications for a stay of proceedings were dismissed, as no breach of the applicants' s. 11(b) rights was demonstrated.
