The accused, Loic Aurel Simeu, brought an application under section 24(1) of the Charter for a stay of proceedings, alleging an infringement of his right to be tried within a reasonable time under section 11(b).
The total delay from the charge date (March 31, 2021) to the conclusion of the trial (December 13, 2023) was 32 months and 14 days, exceeding the 30-month presumptive ceiling established by R. v. Jordan.
The court identified 7 days of defence-caused delay.
It also found several exceptional circumstances, including a 2-month and 13-day interruption due to the re-translation of inaccurate complainant statements, 1 day for counsel's illness, and approximately 5 days attributed to a significant underestimation of trial time coupled with chronic technical and interpretation difficulties.
After deducting these periods, the remaining delay was calculated to be 29 months and 19 days, falling below the Jordan ceiling.
The court concluded that, from a holistic "bird's-eye view," the delay was not unreasonable, despite the case taking longer than anticipated, and dismissed the application for a stay.
