The accused brought a section 11(b) Charter application alleging a violation of his right to be tried within a reasonable time.
The total delay from the date the Information was sworn to the anticipated end of trial was 909 days (29 months and 25 days), exceeding the presumptive ceiling of 18 months established in R. v. Jordan.
After deducting defence delay and apportioning delay arising from the rescheduling of the original trial date equally between the defence and Crown, the net delay was 562.5 days (18.5 months).
The Crown failed to establish exceptional circumstances justifying the delay.
The application was granted and the charges were stayed.
