The accused, Rene Smith, applied for a stay of proceedings under section 24(1) of the Canadian Charter of Rights and Freedoms, alleging an infringement of his right to be tried within a reasonable time under section 11(b).

The total delay from charge to anticipated trial end was over 31 months, exceeding the 30-month presumptive ceiling for Superior Court cases.

The court found no defence delay but identified two exceptional circumstances: the court's loss of disclosure (4 months and 10 days) and a mistrial (11 days), which were beyond the Crown's control.

The appointment of an amicus was not deemed exceptional as the need was foreseeable.

After subtracting the exceptional delay, the net delay fell below the presumptive ceiling.

The court dismissed the application for a stay, concluding that the remaining delay was not unreasonable, despite the applicant's efforts to expedite proceedings, as his conduct made the case more complex.