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The court dismissed the section 11(b) Charter application because the net delay of 17.2 months fell below the 18-month ceiling.
The applicant brought a section 11(b) Charter application seeking a stay of proceedings on the grounds of unreasonable delay.
The applicant was charged with 10 offences on January 11, 2024, including robbery, aggravated assault, dangerous operation of a motor vehicle causing bodily harm, discharging a firearm with intent to endanger life, and various firearm-related charges.
The trial was scheduled to proceed August 11-15, 2025, approximately 19.1 months after the charge.
The court found that while there was significant delay caused by Crown disclosure failures and mutual neglect by both parties, the defence also contributed substantially to delay through failure to make a timely election, silent reservation of election, and unavailability for multiple offered trial dates.
After deducting defence delay of 59 days, the net delay was 17.2 months, below the 18-month presumptive ceiling for Ontario Court of Justice trials.
The application was dismissed.
