The accused brought a motion for a stay of proceedings based on an alleged violation of their right to be tried without unreasonable delay under section 11(b) of the Canadian Charter of Rights and Freedoms.
The total delay from arrest to anticipated trial completion was approximately 16.5 months, just below the 18-month presumptive ceiling established in R. v. Jordan.
The court found that the accused demonstrated meaningful and sustained efforts to expedite proceedings, that no delay was attributable to the defence, and that the Crown failed to provide timely disclosure.
The court determined that approximately six months of added delay resulted from the Crown's failure to disclose materials that could have been provided within 90-120 days of arrest.
The court granted the stay of all charges.
