The accused, charged with accessing child pornography, brought an application for a stay of proceedings alleging unreasonable delay under s. 11(b) of the Charter.
The total delay was approximately 45 months.
Applying the transitional framework from Jordan, the court deducted periods of defence delay, including adjournments, counsel's pregnancy, and a mistaken assertion that a Charter motion would be dispositive.
The court also deducted time for exceptional circumstances, specifically an unanticipated alibi notice and pre-trial resolution discussions.
The remaining delay was calculated at 23.9 months, which fell below the 30-month presumptive ceiling.
The application for a stay was dismissed.
