The applicant sought a stay of proceedings for unreasonable delay under s. 11(b) of the Charter, arguing that late disclosure by the Crown prevented him from re-electing a judge-alone trial, thereby causing delay.
The court dismissed the application, finding that the primary reason for the trial not proceeding was the suspension of jury trials due to the COVID-19 pandemic, which constituted an exceptional circumstance.
The court also found that the applicant failed to prove that the late disclosure was the sole reason for not re-electing, noting other factors like the complainant's COVID-19 symptoms.
