The Ontario Court of Justice granted Aaron Nazeer's application for a stay of proceedings under section 11(b) of the Canadian Charter of Rights and Freedoms, finding that his right to be tried within a reasonable time was violated.
The total delay of 743 days (24.4 months) far exceeded the 18-month presumptive ceiling established in R. v. Jordan.
After subtracting defence-caused delay (82 days) and exceptional circumstances (54 days due to the death of the original trial judge), the remaining delay was still 607 days (20 months), exceeding the ceiling.
The court found no complexity in the case to justify the delay and emphasized systemic under-resourcing and judicial scheduling deficiencies in Orangeville Provincial Court as the primary cause of delay.
The applicant was found to have made sustained efforts to expedite the trial, and the delay was deemed unreasonable, warranting a stay of proceedings.
