The applicant sought a stay of proceedings under s. 11(b) of the Charter, arguing that excessive delay was caused in particular by a mistrial arising from inadequate state-provided interpreters.
Applying the Jordan framework, the court found total delay of 994 days and deducted 108 days as defence delay, including delay in setting the preliminary inquiry and defence unavailability after the mistrial.
The court held that, although the state bore responsibility for the mistrial itself, the system was immediately available to continue the retrial and the subsequent adjournment period was attributable to the defence.
With net delay calculated at 29.12 months in the Superior Court, the applicant failed to rebut the presumption of reasonableness below the 30-month ceiling.
The stay application was dismissed.
