The applicant, charged with sexual assault, brought an application for a stay of proceedings alleging a violation of his right to be tried within a reasonable time under s. 11(b) of the Charter.
The total delay was 36 months, exceeding the 30-month presumptive ceiling.
The court deducted 7.5 months of delay caused by the exceptional circumstances of the COVID-19 pandemic and a subsequent technical issue at the preliminary inquiry.
The remaining delay of 28.5 months fell below the presumptive ceiling, and the applicant failed to establish that it was a clear case of unreasonable delay.
The application was dismissed.
