The accused applied for a stay of proceedings under s. 11(b) of the Charter, arguing unreasonable delay.
The total delay from the date of the charge to the anticipated end of the trial was over 40 months.
The court deducted various periods of defence delay, including time for counsel's vacation, adjournments for subsequent charges, and a breakdown in the solicitor-client relationship.
The court also deducted time as exceptional circumstances due to the tragic passing of the accused's initial counsel and the resulting second intake period.
After deductions, the net delay fell below the 30-month presumptive ceiling.
The court also noted that the transitional exception would apply.
The application was dismissed.
