Following findings of guilt for uttering threats, the accused sought to bring an application for a stay of proceedings due to unreasonable delay under s. 11(b) of the Charter.
The court previously declined to hear the application because it was not brought proactively before the end of the trial.
The accused requested a reconsideration based on a recent appellate decision confirming that a trial judge is not functus officio to hear such applications before sentencing.
The court dismissed the request, holding that while it had jurisdiction, the application was properly declined due to the accused's failure to raise the delay issue in a timely manner as required by the Jordan framework.
