The accused, charged with second degree murder and attempted murder, brought an application for a stay of proceedings under s. 11(b) of the Charter due to trial delay.
The total delay from the charge to the anticipated end of trial was 47.5 months.
After deducting defence delay and delay caused by discrete exceptional circumstances, the remaining delay was 35 months and 7 days, which exceeded the 30-month presumptive ceiling.
However, because the case commenced before the release of the Jordan decision, the court applied the transitional exceptional circumstances framework.
The court found that the Crown's reliance on the previous law justified the delay, noting the Crown's efforts to push the case forward and the defence's lack of effort to expedite the proceedings prior to the trial adjournment.
The application for a stay was dismissed.
