The Crown appealed a stay of proceedings granted by the Ontario Court of Justice on the basis of delay under section 11(b) of the Charter.
The Superior Court found that the total delay was well within the Jordan ceiling and that the defence had not taken meaningful steps to expedite the proceedings.
The trial judge below erred in focusing on police delay in video disclosure and in treating the absence of a fully unredacted video as a bar to progress.
The appeal was allowed, the stay was set aside, and the matter was remanded for trial scheduling.
