The accused brought an application under s. 11(b) of the Charter to stay charges of possession for the purpose of trafficking due to unreasonable delay.
The total delay from arrest to the anticipated end of trial was over 53 months.
After deducting defence delay and delay caused by exceptional circumstances, including the COVID-19 pandemic and the death of the preliminary hearing judge, the net delay was calculated at 35 months and 21 days.
As this exceeded the 30-month presumptive ceiling and the case was not particularly complex, the court found the delay unreasonable and stayed the charges.
