The applicant, charged with child pornography and luring offences, brought an application for a stay of proceedings alleging his right to a trial within a reasonable time under s. 11(b) of the Charter was infringed.
The total delay was approximately 43 months.
After deducting defence delay and discrete events, the net delay exceeded the 30-month presumptive ceiling established in Jordan.
However, applying the transitional exceptional circumstances framework, the court found the delay was justified under the previous Morin guidelines.
The application was dismissed.