The applicants, Stephen Jurkus and Leslie Lonsbary, sought a stay of proceedings under sections 11(b) and 24(1) of the Charter due to unreasonable delay in bringing their criminal matter to trial.
Applying the framework from R. v. Jordan, the court calculated the total delay at 1,178 days (39.3 months), exceeding the 30-month presumptive ceiling for Superior Court cases.
After subtracting defence-caused delay, the net delay remained above the ceiling.
The Crown failed to rebut the presumption of unreasonableness by establishing exceptional circumstances or case complexity.
The court also found the delay unreasonable under the pre-Jordan Morin framework, considering factors such as prolonged disclosure, institutional delays, the Crown's joint prosecution decision, and significant prejudice to the accused.
The applications for a stay of proceedings were granted.