The applicant sought a stay of proceedings under section 24(1) of the Canadian Charter of Rights and Freedoms, alleging an infringement of their right to be tried within a reasonable time under section 11(b).
The total delay from the charge date to the anticipated trial conclusion was 27 months and 12 days, exceeding the 18-month presumptive ceiling set by R. v. Jordan.
The court analyzed the delay, attributing 16 months and 18 days to the COVID-19 pandemic as an exceptional discrete event.
After deducting this period, the remaining delay was approximately 11 months, falling below the presumptive ceiling.
The court found no evidence that the applicant took meaningful steps to expedite proceedings or that the case took markedly longer than it should have, concluding that the delay was primarily due to the unprecedented system-wide impact of the pandemic.
Consequently, the applicant's motion for a stay of proceedings was dismissed.
