The accused, charged with possession of a loaded restricted firearm, brought an application for a stay of proceedings under s. 11(b) of the Charter.
The anticipated delay to the end of trial was 19 months and 13 days, exceeding the 18-month presumptive ceiling.
The Crown argued the delay was justified by the case's complexity and the COVID-19 pandemic.
The court rejected these arguments, finding the case was not particularly complex and the Crown failed to prove the pandemic caused the delay above the ceiling.
After deducting 20 days for a discrete event, the net delay was 18 months and 25 days.
The application was granted and a stay of proceedings was entered.
