The applicants, charged with importing cocaine, brought an application to stay the charges against them due to unreasonable delay under s. 11(b) of the Charter.
The total time to the anticipated end of trial was over 43 months, exceeding the 30-month ceiling established in Jordan.
After deducting periods of defence delay and delay caused by exceptional circumstances (a change of counsel and a Crown medical emergency), the net delay remained above the ceiling at 35.67 months and 35 months for the respective applicants.
The court found the delay unreasonable and stayed the charges.
