This decision addresses a section 11(b) Charter application by three co-accused seeking a stay of proceedings for unreasonable delay in a large-scale drug importation and trafficking prosecution.
The court found the total delay (41 months) far exceeded the 30-month ceiling set by R. v. Jordan, and that the Crown failed to establish exceptional circumstances or case complexity to justify the delay.
The court found the Crown’s late addition of a key witness, failure to promptly seek additional hearing dates, late disclosure, and strategic choices in evidentiary applications all contributed to the delay.
The court ordered a stay of proceedings for all accused.
