Ryan Mullins

The defendant, Edward Bobbitt, brought a s. 11(b) Charter application seeking a stay of proceedings due to unreasonable delay in his trial for operating a motor vehicle with an excess blood alcohol concentration.

The total delay from the swearing of the Information to the anticipated trial conclusion was 989 days.

The court applied the Jordan framework, deducting 322 days attributable to the defence (including periods of counsel unavailability and inaction in rescheduling) and 146 days attributable to the COVID-19 pandemic as an exceptional circumstance.

The resulting net institutional delay was 521 days (approximately 17 months and one week), which fell below the 18-month ceiling for the Ontario Court of Justice.

The court found that the defendant had not made a concerted effort to advance the case and protect his s. 11(b) right.

The application was dismissed, and the trial was ordered to proceed.

The applicant, Sharabil Mohamed, sought a stay of proceedings under s. 24(1) of the Charter due to an alleged infringement of his s. 11(b) right to a speedy trial.

The total delay from the information being sworn to the anticipated trial conclusion was 944 days (31 months and 1 day), exceeding the 18-month presumptive ceiling for Ontario Court matters.

The court deducted 14 days for defence-caused delay and 349 days for exceptional circumstances related to the COVID-19 pandemic and its impact on court scheduling in the Region of Peel.

After deductions, the remaining delay was 581 days (19 months and 2 days), still above the presumptive ceiling.

The Crown failed to rebut the presumption of unreasonableness with further exceptional circumstances.

Consequently, the application for a stay of proceedings was granted.