The accused was found guilty of communicating with a person under 14 for the purpose of facilitating child pornography.
Prior to sentencing, the accused brought an application for a stay of proceedings under s. 11(b) of the Charter, alleging unreasonable delay.
The court applied the transitional framework from Jordan and the Morin guidelines, finding a total delay of 47 months after deducting defence delay.
The Crown failed to establish exceptional circumstances to justify the delay exceeding the 30-month ceiling.
The court concluded the accused's rights were violated, quashed the conviction, and entered a stay of proceedings.
