The accused, Kahli Johnson-Phillips and Shanice Wynter, brought an application under s. 11(b) of the Charter of Rights and Freedoms, seeking a stay of charges for first-degree murder and other offences due to unreasonable delay.
The court applied the R. v. Jordan framework, calculating total delay, subtracting defence delay, and considering exceptional circumstances, particularly the impact of the COVID-19 pandemic.
The court found that after deducting defence-attributable delays and pandemic-related delays, the net delay for both accused was below the 30-month presumptive ceiling.
The court also determined the case to be particularly complex, which would justify a delay above the ceiling if necessary.
Consequently, the s. 11(b) applications were dismissed.
