The applicants, Garner Belcourt and Cody Degirolamo, brought a motion alleging a violation of their s. 11(b) Charter right to trial within a reasonable time, applying the framework from R. v. Jordan.
The total delay was 39.5 months.
The court deducted 5.7 months for defence delay and 5.9 months for discrete exceptional circumstances (new information, extended preliminary inquiry), resulting in a net delay of 27.9 months, which is below the 30-month presumptive ceiling for Superior Court cases.
The applicants failed to demonstrate that they took meaningful and sustained steps to expedite proceedings, thus failing to discharge the onus to prove the remaining delay was unreasonable.
The applications were dismissed.
